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France’s National Rally Faces Constitutional Test as Marine Le Pen Pushes Presidential Agenda

Larry Nimbo
7 Min Read
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The RN is seeking to turn its growing electoral strength into a presidential project, while its proposals on referendums, immigration and constitutional reform raise renewed questions about the rule of law.


Golden Page News | August 21, 2026
Paris, France | Politics


PARIS — France’s National Rally, known as the Rassemblement National (RN), is increasingly positioning itself for the 2027 presidential election, with Marine Le Pen at the centre of the party’s strategy and a growing political debate over constitutional reform, popular sovereignty and the rule of law.

The party’s ambitions have moved beyond traditional electoral campaigning. Le Pen has placed the use of a referendum at the heart of her political programme, particularly on immigration and measures associated with the RN’s concept of “national preference.” The proposal has triggered a wider debate over whether the referendum could be used to make changes that would otherwise face constitutional and parliamentary obstacles.

Le Pen puts referendum at the centre of her programme

One of the most significant elements of the RN’s emerging presidential programme is its proposal to use a referendum to address major questions concerning immigration, citizenship and national preference.

Le Pen has indicated that, if elected president, she wants to organise a referendum alongside legislative elections. The proposed approach has focused attention on Article 11 of the French Constitution, which allows the president to submit certain legislative proposals to a referendum.

However, constitutional experts have questioned whether Article 11 can be used to directly revise the Constitution.

Under the normal constitutional revision procedure, Article 89 provides for approval by both the National Assembly and the Senate before a constitutional referendum can be held. This distinction has become central to the controversy surrounding the RN’s plans. (Le Monde.fr)

The debate therefore concerns not only the policies the RN wants voters to consider, but also the constitutional route that would be used to implement them.

Rule of law becomes central to the debate

Critics of the RN’s approach argue that a referendum cannot simply be used to bypass constitutional safeguards, Parliament or judicial review.

The issue has become particularly sensitive because some of the measures associated with the RN’s programme—including changes to nationality, immigration and national preference—could affect existing constitutional principles and France’s international legal commitments.

The French Senate has previously described the rule of law as a central component of France’s constitutional and European legal system, while highlighting the importance of the separation of powers between Parliament, government and the courts. 

For the RN, however, the argument is framed differently: the party maintains that voters should have a direct say on issues that it believes have been constrained by existing political and institutional structures.

Marine Le Pen returns to the presidential campaign

The constitutional debate comes as Le Pen has formally returned to the presidential race following the latest stage of her legal battle over the European Parliament assistants case.

On July 7, the Paris Court of Appeal upheld convictions against Le Pen and other defendants in the case. The court found her guilty of misappropriation of public funds and imposed a sentence that included 45 months of ineligibility, with 30 months suspended. The court also imposed a prison sentence that was to be served under electronic monitoring. (Cours Appel)

Le Pen subsequently announced her intention to pursue the presidency and appealed to the Court of Cassation. (Public Sénat)

The judicial proceedings have therefore become closely connected to the RN’s presidential strategy.

Bardella remains an important figure

While Le Pen remains the RN’s dominant political figure, party president Jordan Bardella continues to play an important role in the movement’s national strategy.

The relationship between the two has become particularly significant as the RN prepares for 2027. Le Pen has previously indicated that she would support Bardella if she were prevented from standing, while the party has increasingly presented the two leaders as complementary figures. (ELMARQ)

For now, however, Le Pen’s return to the presidential contest has placed her once again at the centre of the RN’s political project.

Referendum debate extends beyond the RN

The referendum question is no longer exclusively an RN issue.

Other political figures and potential 2027 presidential candidates have also shown renewed interest in using referendums as a way of reconnecting voters with national decision-making. The debate reflects wider dissatisfaction with France’s political institutions and concerns about the effectiveness of representative democracy. (Le Monde.fr)

That broader discussion could make institutional reform an important theme of the 2027 presidential campaign.

A major test for French democracy

The party wants voters to have a greater role in deciding issues such as immigration and national preference. Its opponents argue that majority support cannot remove the constitutional limits that apply to every government.

The question facing France is therefore larger than the RN’s electoral prospects.

It is whether a future government can pursue major constitutional and immigration reforms while maintaining the institutional checks and legal safeguards that define the Fifth Republic.

As the 2027 presidential election approaches, that tension is likely to become one of the defining political debates in France.

 

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