Constitution Of France
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Constitution Of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitutional Council decision in July 1971. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then, the constitution has been amended twenty-four times, through 2008. Provisions Preamble The preamble of the constitution recalls the ''Declaration of the Rights of Man and of the Citizen'' from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people. Government institutions and practices The French Constitution establi ...
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1958 French Constitutional Referendum
A constitutional referendum was held in France on 28 September 1958.Dieter Nohlen & Philip Stöver (2010) ''Elections in Europe: A data handbook'', p674 Voters were asked whether they approved of the adoption of a constitution for the French Fifth Republic written by Charles de Gaulle. It was overwhelmingly approved, with 82.6% in favour.Nohlen & Stöver, p685 Voter turnout was 84.9% in Metropolitan France and 79.8% overall. Results The total includes Overseas departments, Algeria, Sahara, Overseas territories (except Guinea, French Togoland, French Cameroon, French New Hebrides and Wallis and Futuna) and French citizens living abroad. By territory See also * 1958 Cameroonian constitutional referendum * 1958 Chadian constitutional referendum * 1958 Comorian constitutional referendum * 1958 Dahomeyan constitutional referendum *1958 French Polynesian constitutional referendum * 1958 French Somaliland constitutional referendum * 1958 French Sudan constitutional referendum * 19 ...
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French Fifth Republic
The Fifth Republic (french: Cinquième République) is France's current republic, republican system of government. It was established on 4 October 1958 by Charles de Gaulle under the Constitution of France, Constitution of the Fifth Republic.. The Fifth Republic emerged from the collapse of the French Fourth Republic, Fourth Republic, replacing the former parliamentary republic with a Semi-presidential system, semi-presidential (or dual-executive) system that split powers between a President of France, president as head of state and a Prime Minister of France, prime minister as head of government. De Gaulle, who was the List of Presidents of France#French Fifth Republic (1958–present), first French president elected under the Fifth Republic in December 1958, believed in a strong head of state, which he described as embodying ("the spirit of the nation"). The Fifth Republic is France's third-longest-lasting political regime, after the hereditary monarchy, hereditary and feudal ...
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European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ...
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Cohabitation (government)
Cohabitation is a system of divided government that occurs in semi-presidential systems, such as France, whenever the president is from a different political party than the majority of the members of parliament. It occurs because such a system forces the president to name a premier (prime minister) who will be acceptable to the majority party within parliament. Thus, cohabitation occurs because of the duality of the executive: an independently elected president ''and'' a prime minister who must be acceptable both to the president and to the legislature. France Cohabitation took place in France in 1986–1988, 1993–1995, and 1997–2002. The president faced an opposition majority in the National Assembly and had to select his government from them. Origins Cohabitation was a product of the French Fifth Republic, albeit an unintended one. This constitution brought together a president with considerable executive powers and a prime minister, responsible before Parliament. The pre ...
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Algerian War
The Algerian War, also known as the Algerian Revolution or the Algerian War of Independence,( ar, الثورة الجزائرية '; '' ber, Tagrawla Tadzayrit''; french: Guerre d'Algérie or ') and sometimes in Algeria as the War of 1 November, was fought between France and the Algerian National Liberation Front (french: Front de Libération Nationale – FLN) from 1954 to 1962, which led to Algeria winning its independence from France. An important decolonization war, it was a complex conflict characterized by guerrilla warfare and war crimes. The conflict also became a civil war between the different communities and within the communities. The war took place mainly on the territory of Algeria, with repercussions in metropolitan France. Effectively started by members of the National Liberation Front (FLN) on 1 November 1954, during the ("Red All Saints' Day"), the conflict led to serious political crises in France, causing the fall of the Fourth Republic (1946–58), to ...
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National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the representatives of the nation." The population base represented by this name is manifestly the nation as a whole, as opposed to a geographically select population, such as that represented by a provincial assembly. The powers of a National Assembly vary according to the type of government. It may possess all the powers of government, generally governing by committee, or it may function solely within the legislative branch of the government. The name also must be distinguished from the concept. Conceptually such an institution may appear under variety of names, especially if "national assembly" is being used to translate foreign names of the same concept into English. Also, the degree to which the National Assembly speaks for the nation is a var ...
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Referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with or commonly known by other names including plebiscite, votation, popular consultation, ballot question, ballot measure, or proposition. Some definitions of 'plebiscite' suggest it is a type of vote to change the constitution or government of a country. The word, 'referendum' is often a catchall, used for both legislative referrals and initiatives. Etymology 'Referendum' is the gerundive form of the Latin verb , literally "to carry back" (from the verb , "to bear, bring, carry" plus the inseparable prefix , here meaning "back"Marchant & Charles, Cassell's Latin Dictionary, 1928, p. 469.). As a gerundive is an adjective,A gerundiv ...
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Parliamentary Systems
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable. In a parliamentary system, the head of state is usually a person distinct from the head of government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, where the executive does not derive its democratic legitimacy from the legislature. Countries with parliamentary systems may be constitutional monarchies, where a monarch is the head of state while the head of government is almost always a member of parliament, or parliamentary republics, where a mostly ceremonial president is the head of state while the head of government is regularly from the legislature. In a few parliamentary republics, among ...
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Semi-presidential System
A semi-presidential republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has a popularly elected head of state and from the presidential system in that the cabinet, although named by the president, is responsible to the legislature, which may force the cabinet to resign through a motion of no confidence. While the Weimar Republic (1919–1933) and Finland (from 1919 to 2000) exemplified early semi-presidential systems, the term "semi-presidential" was first introduced in 1959 in an article by journalist Hubert Beuve-Méry, and popularized by a 1978 work written by political scientist Maurice Duverger, both of whom intended to describe the French Fifth Republic (established in 1958). Definition Maurice Duverger's original definition of semi-presidentialism stated that the president had to be elected, possess signi ...
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ...
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Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the dominant form of ...
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Laïcité
(; 'secularism') is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as discouraging religious involvement in government affairs, especially religious influence in the determination of state policies. It also forbids government involvement in religious affairs, and especially prohibits government influence in the determination of religion. Secularism in France includes a right to the free exercise of religion. French secularism has a long history: for the last century, the French government policy has been based on the 1905 French law on the Separation of the Churches and the State, See drop-down essay on "The Third Republic and the 1905 Law of Laïcité", which is however not applicable in Alsace and Moselle. While the term ''laïcité'' has been used from the end of the 19th century to denote the freedom of public institutions from the influence of the Catholic Church, the concept today covers other religious ...
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