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Rule of law and separation of powers: presentation of the 3 powers (2/2)
This sheet helps you know and understand the features of our democracy. It also helps you identify the three powers.
Key points of the sheet
- Justice protects, decides and punishes impartially. Judicial power is divided between two orders: ordinary justice (justice judiciaire) and administrative justice.
- Ordinary justice includes civil justice. It deals with disputes between citizens, for example between a tenant and a landlord.
- Ordinary justice also includes criminal justice. It punishes citizens' breaches of the law. Examples: a theft, speeding in a car.
- Administrative justice judges disputes between citizens and the State. Example: a false declaration to the CAF.
- The courts of each order are organised as a pyramid. First there is a court of first instance, then a court of appeal for a second trial.
- The last level is the court of cassation. It is the Court of Cassation for ordinary justice and the Council of State for administrative justice.
Words to know
- ordinary justice (justice judiciaire)
- It is one of the two orders of justice. It includes civil justice and criminal justice.
- civil justice (justice civile)
- It deals with disputes between citizens, for example between a tenant and a landlord.
- criminal justice (justice pénale)
- It punishes citizens' breaches of the law, for example a theft.
- administrative justice (justice administrative)
- It judges disputes between citizens and the State, that is, administrations and public bodies.
- court of appeal (juridiction d'appel)
- When a second trial is requested, the case goes to this court.
- Court of Cassation (Cour de cassation)
- It is the court of cassation of ordinary justice, the last level of jurisdiction.
- Council of State (Conseil d’État)
- It is the court of cassation of administrative justice, the last level of jurisdiction.
Test yourself: 3 questions
Which justice deals with a dispute between a tenant and a landlord?
In French, the language of the exam: Quelle justice traite un conflit entre locataire et propriétaire ?
Civil justice deals with disputes between citizens, for example between a tenant and a landlord.
Which justice judges a dispute between a citizen and the State?
In French, the language of the exam: Quelle justice juge un litige entre un citoyen et l'État ?
Administrative justice judges disputes between citizens and the State.
What is the last level of jurisdiction in ordinary justice?
In French, the language of the exam: Quel est le dernier niveau de juridiction de la justice judiciaire ?
For ordinary justice, the cassation level is the Cour de cassation (Court of Cassation). It is the last level of jurisdiction.
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Questions on the ministry's list that rest on this sheet
- Who exercises the judicial authority?
- Which three powers are separated in a democracy?
- What is the role of the judicial authority?
More in this topic (Rule of law and separation of powers)
- Rule of law and separation of powers: what the rule of law is and the principle of the separation of powers
- Rule of law and separation of powers: the 3 powers (1/2)
Source
Sheet “État de droit et séparation des pouvoirs : présentation des 3 pouvoirs (2/2)” of the French Ministry of the Interior: formation-civique.interieur.gouv.fr. Content published under the Etalab Open Licence 2.0. This page is a plain-language adaptation made by Hexaciv, which is not an official site: if in doubt, the ministry's text is the one that counts.
Ministry sheet read on 23 October 2026, still identical on 25 October 2026.