Referendums in France
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In
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
there are two types of
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 ...
: * At the national level, a legislative referendum on the initiative of
President of the French Republic The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency is ...
on a proposal by the
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
or the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
(since 1958 ); * Locally, a local referendum initiative (since 2003). The Constitutional Law of 23 July 2008 provides a shared initiative referendum (organized on the initiative of one-fifth of the members of Parliament, supported by one-tenth of registered voters).


Concept

The referendum is a process used to reclaim democratic ideals, in which "the body of citizens are called to express, through a referendum, an opinion or intention with respect to any measure that other authority has taken or plans to take" (translated),Defined by Julien Laferrière 1947; Original text: ''le corps des citoyens est appelé à exprimer, par une votation populaire, son avis ou sa volonté à l'égard d'une mesure qu'une autre autorité a prise ou envisage de prendre.''. which will be acted upon or adopted in case of positive response. The referendum allows only two possible responses: yes (adopt) or no (reject). Terminologically, the word "referendum" rarely appears in the French constitutions before 1958. It was replaced by circumlocutions such as "consultation" or "appeal to the people." Only Article 3 of the Constitution of 27 October 1946 recognized the people's right to a referendum. In the 20th century, it seems necessary to distinguish between referendum, which implies a decision, with the discussion that results in an opinion. In legal literature the informal terms "référendum consultatif" (advisory referendum) and "consultation référendaire" (referendum), depending on whether one focuses on the action or the consequences of the action. All of these uses meet the generic definition given above. However, the jurisprudence of the State Council clearly distinguishes national referendums in which the French people exercise their sovereignty (Articles 11, 89 and 88-5), subject only to the Constitutional Council, and other referendums.CE Ass. Oct 30, 1998, Mr. Sarran, Mr. Levacher -. Note that section 88-5 is the result of a constitutional amendment in 2005, which came after the decision of the State Council The technique of a referendum is consistent with the democratic principle to which the republican regime established by the 1958 Constitution has claim: * Art. 2 al. 5. - "(The) principle (of the Republic) is: government of the people, by the people and for the people" The use of referendums at the national level tempers
national sovereignty Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the Un ...
under the constitution, thus mixing the processes of
direct democracy Direct democracy or pure democracy is a form of democracy in which the Election#Electorate, electorate decides on policy initiatives without legislator, elected representatives as proxies. This differs from the majority of currently establishe ...
and
representative democracy Representative democracy, also known as indirect democracy, is a type of democracy where elected people represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of represen ...
: * Art. 3 al. 1. - "The national
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 ...
belongs to the people who exercise it through their representatives and by means of a referendum ..." However, the ways of implementing the various referendums and discussions provided for in the current constitution
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
as in many countries, are a method of semi-direct democracy.


History of referendums in France


Impasse of the revolutionary opportunity

The referendum was an important part of constitutional thought during the revolutionary era. The draft
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
of the
Girondist The Girondins ( , ), or Girondists, were members of a loosely knit political faction during the French Revolution. From 1791 to 1793, the Girondins were active in the Legislative Assembly and the National Convention. Together with the Montagnard ...
s already provided for popular override of parliamentary acts. However, this concept did not make it to the final draft. A referendum was first used in France in 1793 for the adoption of the
Jacobin , logo = JacobinVignette03.jpg , logo_size = 180px , logo_caption = Seal of the Jacobin Club (1792–1794) , motto = "Live free or die"(french: Vivre libre ou mourir) , successor = Pa ...
Constitution. This constitution, inspired by the writings of
Jean-Jacques Rousseau Jean-Jacques Rousseau (, ; 28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revolu ...
, also planned to use a referendum for the adoption of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
s which needed to obtain the approval of the
people A person (plural, : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of pr ...
. When the people met in assembly, if one-tenth of them in at least half of the departments (plus one), objected to the proposed law (see Articles 58-60), it was repealed. There was even talk of "popular
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
". In constitutional matters, the electorate also had a right of initiative if one tenth of the primary assemblies decided to review the national level. The Constitution itself was adopted by referendum from July to August 1793, although some have reservations about the democratic nature of the latter.The
vote Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
was acquired freehand in each primary without accurate count, and there was a huge
abstention Abstention is a term in election procedure for when a participant in a vote either does not go to vote (on election day) or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with ...
.
This constitution was never applied.


The impact of plebiscitary use under the Empire

Because of that, we will be wary of populism: the ideas of
Emmanuel Joseph Sieyès Emmanuel-Joseph Sieyès (3 May 174820 June 1836), usually known as the Abbé Sieyès (), was a French Roman Catholic '' abbé'', clergyman, and political writer who was the chief political theorist of the French Revolution (1789–1799); he also ...
in favor of national sovereignty and representative democracy prevailed over
popular sovereignty Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any ...
. However,
Napoleon Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who ...
knew all too well how to take a direct appeal to the people, while domesticating them, and the long period that followed discredited the process. Under the imperial regimes, referendums became a plebiscites,Instead of being called to electoral assemblies,
citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
s were invited to sign, during a fortnight, registers of open acceptance in each commune.
an aid in giving power to Bonaparte who, assisted by a zealous and pervasive administration, in 1800 obtained the
Consulate A consulate is the office of a consul. A type of diplomatic mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth coun ...
after the
coup of 18 Brumaire The Coup d'état of 18 Brumaire brought Napoleon Bonaparte to power as First Consul of France. In the view of most historians, it ended the French Revolution and led to the Coronation of Napoleon as Emperor. This bloodless ''coup d'état'' overt ...
and the Consulate for life, and his transformation during the
Empire An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...
, it gets extended, even if in moderated form at
hundred Days The Hundred Days (french: les Cent-Jours ), also known as the War of the Seventh Coalition, marked the period between Napoleon's return from eleven months of exile on the island of Elba to Paris on20 March 1815 and the second restoration ...
. While similarly for
Napoleon III Napoleon III (Charles Louis Napoléon Bonaparte; 20 April 18089 January 1873) was the first President of France (as Louis-Napoléon Bonaparte) from 1848 to 1852 and the last monarch of France as Emperor of the French from 1852 to 1870. A nephew ...
who endorsed the coup of 1851, and the restoration of the
Empire An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...
where clear constitutionalized plebiscitary techniques,Article 5 of the Constitution of 14 January 1852 states: ''"The President of the Republic is responsible to the French people, whom he still has the right to appeal."'' (Translated from ''Président de la République est responsable devant le Peuple français, auquel il a toujours le droit de faire appel.'' before ratifying a highly liberalized
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
on the eve of the war of 1870. In the Third Republic, the referendum became an instrument of
despotism Despotism ( el, Δεσποτισμός, ''despotismós'') is a form of government in which a single entity rules with absolute power. Normally, that entity is an individual, the despot; but (as in an autocracy) societies which limit respect and ...
. As a result, the formation of the Fourth Republic ignored or marginalized the hypothetical use of referendum to only constitutional matters and alternatives.only if a two-thirds majority votes "No" for revision (Article 90). However, the first draft released in April 1946, provided for a referendum ratification of law (Article 123) The trauma of the imperial practice was still alive and doctrinal
debate Debate is a process that involves formal discourse on a particular topic, often including a moderator and audience. In a debate, arguments are put forward for often opposing viewpoints. Debates have historically occurred in public meetings, a ...
was not yet extinguished. If
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
Edouard Laboulaye defended the referendum in isolation at the time of establishment of the Third Republic, the entire
doctrine Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system ...
, considered to be inconsistent with the parliamentary system until Carré de Malberg, who brilliantly supported an inverse position in 1931. But the majority of the political class remained suspicious until the end.


The footprint of General de Gaulle

However,
General Charles de Gaulle Charles André Joseph Marie de Gaulle (; ; (commonly abbreviated as CDG) 22 November 18909 November 1970) was a French army officer and statesman who led Free France against Nazi Germany in World War II and chaired the Provisional Government ...
reintroduced the use of referendum from the
liberation of France The liberation of France in the Second World War was accomplished through diplomacy, politics and the combined military efforts of the Allied Powers of World War II, Allied Powers, Free French forces in London and Africa, as well as the French R ...
in 1945 to end the Third Republic, and give the country a provisional plan. In addition, twice in 1946 the French voted on the draft constitution which gave birth to the Fourth Republic. This allowed the people to free themselves from the past by voting "''no''" the first time. But the referendum was not implementedIn proposals for a new government his Bayeux speech of June 16, 1946, de Gaulle does not mention the role of the referendum, whose use seems to be still be limited to the adoption of a new democratic constitution. and it would not be until General de Gaulle's return to power in 1958 that the referendum was restored, both to ratify the new constitution and in the constitution itself which is one of its major innovations. Indeed, in the constitution of the Fifth Republic, referendum is embedded as a principle, as a means of exercising sovereignty (Article 3) and, simultaneously, covering three areas: legislative (Article 11), constituents (Article 89) and self-determination (Articles 53 and 86). At the same time it focused criticism from opponents of the Fifth Republic, who saw it as a confirmation of the creation of an authoritarian government. In this instance, the referendum was in a much more democratic context than under the Empire, where the practice was strongly tinged with the plebiscite that de Gaulle would nevertheless regulate. Even so, many still had strong reservations about the referendum. Besides the use, by some considered unconstitutional, of Article 11 in 1962 and 1969 (see
below Below may refer to: *Earth *Ground (disambiguation) *Soil *Floor *Bottom (disambiguation) Bottom may refer to: Anatomy and sex * Bottom (BDSM), the partner in a BDSM who takes the passive, receiving, or obedient role, to that of the top or ...
), which raised strong
debate Debate is a process that involves formal discourse on a particular topic, often including a moderator and audience. In a debate, arguments are put forward for often opposing viewpoints. Debates have historically occurred in public meetings, a ...
and the establishment of a "cartel of no"; by the President of the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
even speaking of " forfeiture." We also know that de Gaulle considering the referendum as a substitute for the
dissolution Dissolution may refer to: Arts and entertainment Books * ''Dissolution'' (''Forgotten Realms'' novel), a 2002 fantasy novel by Richard Lee Byers * ''Dissolution'' (Sansom novel), a 2003 historical novel by C. J. Sansom Music * Dissolution, in mu ...
to arbitrate any disagreement with
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, as a means to rejuvenate his personal legitimacy.For example: during the events of
May 1968 The following events occurred in May 1968: May 1, 1968 (Wednesday) * CARIFTA, the Caribbean Free Trade Association, was formally created as an agreement between Antigua and Barbuda, Barbados, Guyana, and Trinidad and Tobago. * RAF Strike ...
, de Gaulle announced first on May 24 he would hold a referendum before changing his mind five days later declaring the dissolution of the National Assembly
It is therefore not surprising that the following referendums suggest that in France, the process is marked by a plebiscite. The impression that voters are motivated ''a contrario'' even if, unlike de Gaulle, none of his successors has openly raised the question of trust. This is the main reason for the use of referendums in recent years, where politically random referendums give an opportunity for the
protest vote A protest vote (also called a blank, null, spoiled, or "none of the above" vote) is a vote cast in an election to demonstrate dissatisfaction with the choice of candidates or the current political system. Protest voting takes a variety of forms a ...
to speak, at the risk of failure (as was nearly the case in 1992, as was the case in 2005). In addition, out of an almost cultural dimension, the referendum may trigger a minor increase in interest and low participation which, because of the requirement for a quorum, reduces the scope of its result (as in 1972 and especially in 1988).


Outlook and balance in the 21st century

Notwithstanding the criticism that the terms of implementation of the referendum are subjective and despite its shortcomings (see below), the referendum still has its followers at the expense of only being used to renovate. President
Valéry Giscard d'Estaing Valéry René Marie Georges Giscard d'Estaing (, , ; 2 February 19262 December 2020), also known as Giscard or VGE, was a French politician who served as President of France from 1974 to 1981. After serving as Minister of Finance under prime ...
did not have much recourse to a referendum that he wanted to use to fix some societal problems. President
François Mitterrand François Marie Adrien Maurice Mitterrand (26 October 19168 January 1996) was President of France, serving under that position from 1981 to 1995, the longest time in office in the history of France. As First Secretary of the Socialist Party, he ...
, who used the referendum after a hiatus of 15 years, failed in his attempt to broaden the scope of the referendum. The bill to expand the scope of Article 11 to include
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
was adopted by 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 repre ...
but was rejected by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
in 1984. Although Mitterrand had initiated the work of the Vedel Commission in 1993, after the mixed success of the 1992 referendum he did not act on the commission's proposals. On September 10, 1991, President Mitterrand announced a referendum in order to effect institutional reform affecting the presidential office, justice and the role of Parliament. This referendum was never held. President
Chirac Jacques René Chirac (, , ; 29 November 193226 September 2019) was a French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Ma ...
succeeded somewhat in 1995 in expanding the scope of Article 11. Before becoming a victim to referendum in 2005, he had also announced his intention to reestablish the use of referendums. He followed through on this twice, the first of which was a constitutional matter, according to the procedure (Art. 89 para. 2), in 2000. Under his tenure, after tidying up the constitution in 1995, including the referendum. In addition to expanding its scope, Article 11 was stripped of its reference to the defunct
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 ...
. Article 86 has become obsolete for the same reason, and has been removed. Two other reforms expanding the referendum succeeded: one in 2003, which establishes the local referendum (including Article 72-1); the other, Article 88-5, in 2005 which forced the use of referendum to ratify any new concession to the European Union.


Notes


Bibliography

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References

{{Referendums in Europe