The Constitution of France CSS with WAQAS

INTRODUCTION
 First Republic (1792-1804)
The first Republic was brough into being in 1792 after the French revolution when the
monarchy was overthrown.
It ended in less than 12 years when Napoleon Bonaparte became an emperor.

 The second republic (1848-1852)

This lasted for only 4 years.
The proximate cause of the demise of the Second Empire was France's defeat at the
hands of Prussia in the Franco-Prussian War.

 Third French Revolution (1870-1940)

After the fall of the Second Empire the new Constitutional Laws of 1875 were adopted,
establishing a regime based on parliamentary supremacy.
It ended with the fall of France to the Nazi Germans in 1940 during World War 2.

 Fourth republic (1946-1958)

It was set up after World War 2
Only lasted for 12 years
It had certain issues like:
 It was parliamentary in form.
 Prime Minister was very strong.
 Multiple political factions
 Structural problems and pressures
 Sudden rise of decolonization- the French colony Algeria started war for
independence in 1954. Some military officers stationed in Algeria were very
worried and took control of French Algeria. They convinced officials in Paris
to dissolve Parliament and form a new government under Charles de Gaulle,
believing that he would control situation in Algeria. Government agreed and in
1958 they gave powers to Charles de Gaulle. Charles set up fifth republic.
 Fifth Republic (1958 till date)
The Fifth Republic is the name of France’s current government.
De Gaulle could not stop de-colonization and Algeria ultimately in 1962 got
independence. De Gaulle remained in power till 1968.

Salient features of the Constitution (Fifth Republic)

1) It is Written
o It is a written constitution having 15 chapters and 92 articles.
o This is however smaller than fourth republic which had 12 chapters and
106 articles.
2) It is a rigid constitution
o The method of amendment is rigid.
o The initiative for amending the constitution belongs to both President of
the Republic on the proposal of Prime minister and to the members of
Parliament.
o An amendment moved by the government or the Parliament must be
passed by both the houses and or must be submitted to a referendum.

3) Republican nature of the constitution

o The constitution gives France a Republican form of government
o Article 89 of the constitution clearly lays down that
o “The republican form of government shall not be the object of
amendment”
o In other words, France shall not have monarchy but the head of the state
will be that “of the people for the people and by the people”

4) Democratic form of Government

Article 2 says:
“The principle of the Republic shall be: government of the people, by the
people, for the people”

5) Semi-Presidential
o Fourth republic was transformed into fifth republic with certain changes
such as replacing the former parliamentary republic with a semi-
presidential (or dual-executive) system that split powers between a
president as head of state and a prime minister as head of government.

6) Parliament is Bicameral
o The Parliament is bicameral having two houses named as Senate and
National Assembly.

7) Popular Sovereignty
o Article 2 of the constitution says
o “National Sovereignty shall vest in the people, who shall exercise it
through representatives and by means of referendum”.

8) Constitutional Recognition of Political Parties:

o It recognizes the role of Political parties.
o Article 4 of the constitution states political parties “shall be formed
freely and shall carry on their activities freely” but they must respect the
principles of national sovereignty and democracy.

9) Constitutional council:
 o The constitution establishes a constitutional council
o It replaces the Constitutional committee of Fourth Republic
o It has 9 members
o Its basic function is to oversee the constitutionality of laws passed by
the parliament

10) Secularism:
o France is a secular state (no state religion)

11) Emergency
o In case of emergency when the regular functioning of the public powers
in interrupted, the President may take whatever measures are required.
o The President needs only to inform he nation by a message, and to
consult the Constitutional Council.
The Government

Executive Branch

1) THE PRESIDENCY (current President: Emmanuel Macron)

Mode of President is elected by “Universal

Election direct suffrage”
Universal Suffrage is the right of all
adult citizens to vote in an election
Term 5 years and two tenures

Succession The election of new President takes

to the place not less than 20 and more than
Presidency 35 days before the expiry of term of
office of retiring President.

Powers of the President:

Traditional functions
a) President appoints Prime minister PM
b) He accepts his resignation
c) On the proposal of PM, he appoints and dismisses members of government
d) Presides over the meetings of Council of ministers
e) Presides over the meetings of Committees of National defense
f) Presides over the meetings of Superior Council of the Judiciary.
g) President is commander in chief of armed forces
h) He makes appointment to civil and military posts
i) He negotiates and ratifies treaties
j) He signs the Ordinances and decrees
k) He may ask for re-examination of a bill or its articles (which cant be refused)
l) He has the right to Pardon
Personal or Discretionary Powers
a) In these powers, countersignatures of PM are not required
b) The President can dissolve the National Assembly at any time with only one
rule that he cannot dissolve it twice a year.
c) Calling of referendum is a personal act of President.
d) In case of emergency, he may take whatever actions he seems necessary to
combat the situation
e) The President can raise question on unconstitutionality of a bill or a law before
the Constitutional Council.
President as a mediator
 a) Article 5, Title 2 of the Constitution charges President to guarantee functioning
of the institutions of the government. It says:
“The President of the Republic shall ensure due respect for the Constitution. He
shall ensure, by his arbitration, the proper functioning of the public authorities
and the continuity of the State. He shall be the guarantor of national
independence, territorial integrity and due respect for Treaties.

2) Prime Minister (current PM: Elisabeth Borne)

o Makes appointment to the post on which President is not specifically designed
to appoint.
o He presides over the council and committees of defense establishments
o Prime Minister in exceptional cases can take place as chair of Council of
Ministries
o Prime Minister is always called for Advice in case of dissolution of National
Assembly

3) Cabinet
o Composed of PM and other ministers
o Determines the policy of nation
o President chairs the council of ministers
o Prime Minister determines the composition of cabinet, presides its meetings
o Article 20 associates Cabinet and Collective responsibility, government of
France remains legally a collective organ.
The Legislative branch

o The French Parliament is made up of two houses or chambers.

SENATE National Assembly

▪ It is the upper house ▪ It is the lower house

▪ 321 members ▪ 557 members
▪ Members are elected ▪ The members (deputies) are
indirectly directly elected
▪ No person below the age of ▪ Government servants and
35 can become its member army personnel are not
▪ Tenure of 6 years eligible to contest.
▪ Senate elects its own ▪ Tenure of 5 years
President for a tenure of 3 ▪ Every new assembly elects
years its own President with a
term of 5 years. This
President maintains
decorum, nominates 3 out of
9 members of Constitutional
council and has been given
some advisory functions
too.

o The French Parliament is not a sovereign law making body like British Parliament.
o Its powers are limited
o Article 34 explains the subjects on which Parliament can legislate
o There Parliament can pass two types of Laws

Laws which determine rules Laws which determine fundamental

principle FP
▪ Nationalization and transfer of
property from public to private ▪ FP of administration of local
sectors. entities
▪ Guarantees of civil rights ▪ FP of education and property
▪ Creation of categories like ▪ Labour law
public opinion ▪ Trade union law
▪ Social security

o French parliament does not enjoy supreme rights in financial matters

 Article 47 prescribes the procedure for enacting a bill according to which If lower
house does not complete the reading of bill within 40 days, the government refers
the bill to Senate which must rule within 50 days.
o Control over Executive, that the National Assembly may question the government
by the vote of a motion of a censure (signed by 1/10th of member of lower house).
o Parliament has also power to initiate the process to amend the constitution.
o In France, Parliament authorized the Declaration of war.

The Judicial Branch

 Civil and Criminal actions, unlike England or US, is handled by the same court. The
same judges sit in both courts. There is however, separation between the two in higher
courts

 No system of circuit courts

 French courts are collegial. No French court is allowed to give judgement, as in

England, with only one judge making the court. There should be at least 3 judges.

 Appointment
There is Higher Council of Judiciary.
The two benches of the council are the judges and public prosecutors, they are
composed of 16 branches. 12 of them are elected and 4 are appointed by President.

 The Court System falls into dual hierarchy: the ordinary and administrative courts.

Ordinary Court system Administrative Court System

These deal with Statutory laws. And are These courts are concerned with the acts of
concerned with litigation among citizens administrative authorities in conflict among
themselves. The major courts of Ordinary themselves and grievances that citizens may
court system are: have against these authorities.

France was covered with numerous networks Tribunaux Administratifs-These are the
of courts. The organization of the courts was principal courts in France. These hear
simple though. At the bottom was complains about administrative authorities.
“Justice of Peace”, a salaried officer with
some judicial experience. There were almost Consell d’Etat- It is composed of 150
3000 such courts. Then after 1958, Justice of members. These courts have wide
Peace were abolished. jurisdiction, even of cessation as well. These
The lowest courts now are “Tribunal de courts protect individual in all cases where he
grande” and these are almost 454 in number. has no redress before civil courts.
Another important set of courts are These administrative courts are criticed too.
“Conseils de prudhommes”, these deals Because it is claimed that justice cannot be
with disputes between employers and expected from and obtained in the
employee. administrative courts when administration is
There are Police courts, in which simple the both the offender and judge of the
criminal cases are dealt. Then, there are offence.
“Tribunal Correctionels” where major
cases are dealt.
Finally, the cases which are even more
serious are judged at “Cours de assises”.

 Court of Cessation
There are some cessation courts. It is called cessation because it can break the laws of
lower court (not the judgment).