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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 The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...
, 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 Michel Jean-Pierre Debré (; 15 January 1912 – 2 August 1996) was the first Prime Minister of the French Fifth Republic. He is considered the "father" of the current Constitution of France. He served under President Charles de Gaulle from 1 ...
. 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 The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
'' from 1789 and establishes
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan ar ...
as a secular and
democratic Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
country, deriving its
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 perso ...
from the people.


Government institutions and practices

The French Constitution established a
semi-presidential 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 ...
system of government, with two competing readings. On one hand, the executive branch has both a President of the Republic and a
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
, which is commonly seen in parliamentary systems with a symbolic President and a Prime Minister who directs the government. This reading is supported by Articles 5 and 21 of the Constitution, which respectively states that the President is a Guardian of the State and of the Constitution, while the Prime Minister has the power to decide on Government’s actions and policies. On the other hand, the Parliament is very weak for a parliamentary system. Parliament has a limited legislative competence: article 34 of the Constitution lists domains exclusive to Parliamentary legislation, but the remaining domains are left to the Executive's regulations. The President also has the crucial powers to call a
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 ...
and to dissolve the
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 rep ...
. While Parliament may make a vote of no confidence on the government, since 1962 a majority in the National Assembly has supported the Government. Charles de Gaulle, the first President of the Fifth Republic, was instrumental in the adoption of the new constitution, as he was called back from retirement and narrowly avoided a coup resulting from the
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 ...
. De Gaulle always supported the second interpretation of the constitution, in favor of a powerful President. The first socialist President François Mitterrand, elected in 1981, also supported this interpretation. Beginning in 1986, elections have from time to time resulted in Parliaments with a majority that did not support the President. Such periods as known in France as
cohabitation Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a Romance (love), romantic or Human sexuality, sexually intimate relationship on a long-term or permanent basis. Such a ...
, where a President appoints a Prime Minister from the new parliamentary majority. During cohabitation, besides powers reserved to the President by the Constitution, all other government powers would be exercised by the Prime Minister. In 2000, the Constitution was amended by shortening the President's term of office from seven years to five, coinciding with the term of Parliament. The amendment means the Presidential election would take place around the Parliamentary election, making it more likely to have winners who agree with one another and make cohabitation less likely. The Constitution provides for the election of the President and the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
, the selection of the Government, the powers of each and the relations between them. It ensures judicial authority and creates a High Court (a never-as-yet-convened court for trying the Government), a Constitutional Council (an innovation of the Fifth Republic), and an Economic and Social Council.


Treaties and the EU

It enables the ratification of international treaties and those associated with the European Union. It is unclear whether the wording, especially the reserves of reciprocity, is compatible with
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 valu ...
.


Amendment

The Constitution also sets out methods for its own amendment: a
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 ...
(article 11) or a Parliamentary process with Presidential consent. The normal procedure of constitutional amendment is that the amendment must be adopted in identical terms by both houses of Parliament and then must be adopted by a simple majority in a referendum or by a three-fifths supermajority of the French Congress, a joint session of both houses of Parliament (article 89).


Principles

Prior to 1971, though executive, administrative and judicial decisions had to comply with the general principles of law (
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
derived from law and the practice of law in general), there were no such restrictions on legislation. It was assumed that unelected judges and other appointees should not be able to overrule laws voted for by the directly elected French parliament.


"Constitutional block"

In 1971, a landmark decision by the Constitutional Council (71-44DC) cited the preamble of the Constitution and its references to the principles laid in the
Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
as a reason for rejecting a law that, according to the council, violated one of these principles. Although considered a juridical coup d’état at the time, the decision formed basis of the Constitutional Council today. Since then, it is assumed that the "constitutional block" includes not only the Constitution, but also the other texts referred to in its preamble: * The
Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
of 1789 * The preamble of the Constitution of 1946 (which adds a number of "social rights", as well as the equality of males and females) * The Charter for the Environment of 2004 Since then, the possibility of sending laws before the council has been extended. In practice, the political opposition sends all controversial laws before it.


Principles of the Republic

In the Constitution are written the principles of the French Republic:https://www.conseil-constitutionnel.fr/le-bloc-de-constitutionnalite/texte-integral-de-la-constitution-du-4-octobre-1958-en-vigueur , website = Conseil Constitutionnelle *
Social welfare Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
, which means that everybody must be able to access free public services and be helped when needed. *
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 determin ...
, which means that the churches are separated from the
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our ...
and the freedom from religion is protected. *
Democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to choo ...
, which means that the Parliament and the Government are elected by the people. * Indivisibility, which means that the French people are united in a single sovereign country with one language, the
French language French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in ...
, and all people are equal.


Amendments

The Constitution, in Article 89, has an amending formula. First, a constitutional bill must be approved by both houses of Parliament. Then, the bill must either be approved by the
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, a special joint session of both houses, or submitted to a
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 ...
. In 1962, Charles de Gaulle proposed that the President be elected by direct suffrage. He bypassed the amendment procedure by directly sending a constitutional amendment to referendum (article 11). The Art. 11 procedure was envisioned as a procedure for proposing legislation, including changing the organization of constitutional institutions. The 1962 referendum was approved by 62% of the vote but only 46% of registered voters. The amendment permitted the establishment of a popularly-elected presidency, which would otherwise have been vetoed by the Parliament.
Dieter Nohlen Dieter Nohlen (born 6 November 1939) is a German academic and political scientist. He currently holds the position of Emeritus Professor of Political Science in the Faculty of Economic and Social Sciences of the University of Heidelberg. An ex ...
& Philip Stöver (2010) ''Elections in Europe: A data handbook'', p674
The referendum was highly controversial at the time, but the Constitutional Council ruled that it can only review legislative acts for unconstitutionality, not executive acts; since the referendum was proposed by the executive, it was unreviewable. Since a referendum expressed the will of the sovereign people, the Council ruled that the amendment had been adopted.See C. cons. 6 Nov. 1962, ''Election du Président de la République'', Rec. 27. Some scholars had regarded the amendment as a post hoc manifestation of the constituent power, which is the inherent power of the people to bypass an existing constitution to adopt a new constitution. Article 11 was used for constitutional changes for the second and final time in
1969 This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 ** Ariana Afghan Airlines Flight 701 crashes into a house on its approach to ...
, but the "No" prevailed, causing Charles de Gaulle to resign from the presidency. On 21 July 2008, Parliament passed constitutional reforms championed by President
Nicolas Sarkozy Nicolas Paul Stéphane Sarközy de Nagy-Bocsa (; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012. Born in Paris, he is of Hungarian, Greek Jewish, and French origin. Mayor of Neuilly-sur-Sei ...
by a margin of two votes. The changes, when finalized, introduced a consecutive two-term limit for the presidency, gave Parliament a veto over some presidential appointments, ended government control over Parliament's committee system, allowed Parliament to set its own agenda, allowed the president to address Parliament in-session and ended the president's right of collective pardon. (See
French constitutional law of 23 July 2008 The Constitutional law on the Modernisation of the Institutions of the Fifth Republic (french: link=no, loi constitutionnelle de modernisation des institutions de la Ve République) was enacted into French constitutional law by the Parliament of F ...
).


Timeline of French constitutions


See also

* Article 49 of the French Constitution *
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional ...
*
French Constitutional Council The Constitutional Council (french: Conseil constitutionnel; ) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rule ...
*
Constitutional economics Constitutional economics is a research program in economics Economics () is the social science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of ...
* Fifth Republic (France) *
French Community The French Community (1958–1960; french: Communauté française) was the constitutional organization set up in 1958 between France and its remaining African colonies, then in the process of decolonization. It replaced the French Union, which ...
, which succeeded the French Union *
Government of France The Government of France (French: ''Gouvernement français''), officially the Government of the French Republic (''Gouvernement de la République française'' ), exercises executive power in France. It is composed of the Prime Minister, who ...
*
Politics of France The politics of France take place with the framework of a semi-presidential system determined by the Constitution of France, French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, laïcité, secular, ...
* Parliamentary immunity in France * De Gaulle's 1946 Bayeux speech, in which he outlined his vision of the constitution


Notes and references


Further reading

* * * Hoffmann, Stanley H. (1959).
The French Constitution of 1958 – I. The Final Text and its Prospects
. ''American Political Science Review'' 53 (2): 332–357. * * * Frédéric Monera, ''L'idée de République et la jurisprudence du Conseil constitutionnel'' – Paris : L.G.D.J., 200

* Martin A. Rogoff, "French Constitutional Law: Cases and Materials" – Durham, North Carolina: Carolina Academic Press, 201

* * Wahl, Nicholas (1959).
The French Constitution of 1958 – II. The Initial Draft and its Origins
. ''American Political Science Review'' 53 (2): 358–382.


External links

* * * {{DEFAULTSORT:Constitution of France Constitutions of France 1958 in law Legal history of France 1958 documents