Main article: Law of France
The basic principles that the French Republic must respect are found in the 1789 Declaration of the Rights of Man and of the Citizen
France uses a civil legal system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). Basic principles of the rule of law were laid in the Napoleonic Code. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, wrote about the management of prisons: [1]
Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality.
That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy.
French law is divided into two principal areas: private law and public law. Private law includes, in particular, civil law and criminal law. Public law includes, in particular, administrative law and constitutional law. However, in practical terms, French law comprises three principal areas of law: civil law; criminal law and administrative law.
France does not recognise religious law, nor does it recognise religious beliefs or morality as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being abolished in 1791). However "offences against public decency" (contraires aux bonnes mœurs) or breach of the peace (trouble à l'ordre public) have been used to repress public expressions of homosexuality or street prostitution.
Laws can only address the future and not the past (ex post facto laws are prohibited); and to be applicable, laws must be officially published in the Journal Officiel de la République Française.
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