The “Etat d’urgence”—the state of emergency in reaction to the terrorist attacks in November 2015—comes from a circumstantial law, adopted on 3 April 1955. This precarious origin has not prevented it from continuing to be the positive law. Although this law limits citizens’ rights and liberties tremendously, the Conseil d’Etat and the Conseil constitutionnel have tolerated state clerk to consolidate this derogation of French common law. This anything goes legal attitude reinforced this situation. The introduction of an a priori (1958) and a posteriori (2008) control of the constitutionality of law has not changed this situation.