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The most distinctive feature of the French judicial system is that it is divided into the judicial and the administrative orders of courts.

A popular referendum approved the constitution of the French Fifth Republic in 1958, greatly strengthening the authority of the presidency and the executive in relation to Parliament. The French constitution establishes a semi-presidential system, where the President of France has a strong influence, but where, ultimately, the deciding factor is the majority of the French National Assembly.

France is a unitary state. However, the various legal subdivisions, the régions, départements and communes, have various attributions, and the national government is prohibited from intruding into their legal normal operations.

France has a system of civil law, but jurisprudence plays an important role similar to that of case law. France uses a civil law system; that is, law arises primarly from written statutes; judges are supposed not to make law, but to merely interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). Many fundamental principles of French Law were laid in the Napoleonic Codes. Basic principles of the rule of law were laid in the Napoleonic Code: laws can only address the future and not the past (ex post facto laws are prohibited); to be applicable, laws must have been officially published (see Journal Officiel).

Statute legislation may be proposed by the government (i.e. the council of ministers), or by members of parliament. In the first case, it is a projet de loi, in the latter case, a proposition de loi. All projets de loi must undergo compulsory advisory review by the Conseil d'État before being submitted to parliament. Propositions de loi cannot increase the financial load of the state without providing for funding.