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Rule of law and separation of powers: what the rule of law is and the principle of the separation of powers
This sheet helps you know and understand the features of our democracy.
Key points of the sheet
- Under the rule of law, the law is the same for everyone, including the State. The law is above the powers and the political authorities.
- This system guarantees respect for fundamental rights and democracy. For example, the right to safety protects against arbitrary arrests and imprisonment by public authorities.
- The rule of law is a condition of democracy. It is the opposite of the arbitrary State. Independent judges control the public authorities.
- The rule of law is defined by 6 principles. First come the primacy of law, equality before the law and the separation of powers.
- Added to these are legality, legal certainty and effective judicial protection. This means that justice really protects.
- The rule of law must always respect the French Constitution and the Declaration of the Rights of Man and of the Citizen of 1789. This Declaration is cited in the introduction of the Constitution.
- In France, the legislative, executive and judicial powers are not in the hands of the same people. They control each other and cannot be used in an arbitrary way.
- A minister who does not respect the law can be punished like any citizen. The principle of the separation of powers is written in the Constitution.
Words to know
- rule of law (État de droit)
- It is a system where the law is the same for everyone, including the State.
- primacy of law (primauté du droit)
- The law applies to everyone, including the State and its representatives.
- equality before the law (l'égalité devant la loi)
- Everyone is subject to the same laws and has the same rights and duties, whether a politician or not.
- legal certainty (la sécurité juridique)
- You can trust the law: it is clear and does not change all the time.
- legality (la légalité)
- Laws are made in a transparent, responsible and democratic process where each party could speak.
- the right to safety (droit à la sûreté) (le droit à la sûreté)
- It protects people against arbitrary arrests and imprisonment by public authorities.
- separation of powers (séparation des pouvoirs)
- The legislative, executive and judicial powers are not in the same hands. They control each other.
Test yourself: 3 questions
Under the rule of law, who controls the public authorities?
In French, the language of the exam: Dans un État de droit, qui contrôle les autorités publiques ?
The sheet says that independent judges control the public authorities.
By how many principles is the rule of law defined?
In French, the language of the exam: Selon combien de principes définit-on l'État de droit ?
The rule of law is defined by 6 principles.
What does legal certainty mean?
In French, the language of the exam: Que signifie la sécurité juridique ?
Legal certainty means you can trust the law. It is clear and does not change all the time.
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Questions on the ministry's list that rest on this sheet
- What is the rule of law (État de droit)?
- What does the rule of law (État de droit) guarantee?
- Which right protects a person from an arbitrary arrest?
More in this topic (Rule of law and separation of powers)
- Rule of law and separation of powers: the 3 powers (1/2)
- Rule of law and separation of powers: presentation of the 3 powers (2/2)
Source
Sheet “État de droit et séparation des pouvoirs : présentation de l’État de droit et principe de la séparation des pouvoirs” 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.