NAME: SAMI ULLAH JAN
F.NAME: MUHAMMAD ISMAIL
KHAN
DEPARTMENT: PLOITICAL
SCIENCE
SEMESTER: THIRD (3rd)
SECTION: A
ASSIGNMENT:SALIENT FEATURES OF
FRANCE POLITICAL SYSTEM (OR)
CONSTITUTION
SUBMITTED TO: DR. MAAM
NOREEN
INTRODUCTION:
France is officially known as the France
Republic. It is very important country in the western Europe.
France is the big country and it is the third largest country in the
Europe. France shares boundaries with Belgium and
Luxembourg to the northeast; Germany, Switzerland and Italy
to the east; and Spain and Andorra to the southwest. In the
northwest, France is bounded by the English Channel. At the
narrowest part of the Channel, France and England are
separated by just 34 km. The total area of France including
overseas territories is 643,801 sq km (248,573 sq miles).
France is one of the oldest states in the west.
France, like Pakistan and more so than Pakistan, has been a
country where constitutions were made and unmade nearly
fifteen (15) times during 170 years, from 1789, when the first
(written) constitution was framed till 1958, when the present
constitution was adopted.
For more than a thousand years, France had been an absolute
monarchy, ruled by various dynasties, last of which was the
BOURBON. This dynasty was swept away by the French
Revolution of 1789 when the first Republic was established
under the first of 1789. Next Napoleonic Bonaparte, a military
adventure, rose to power. In 1804 he transformed the republic
into an Empire. Napoleonic Empire was overthrown by its
enemies, AUSTRIA, PRUSSIA AND BRITAIN, in 1815, when they
restored the BOURBON kings to the France throne. The restored
monarchy lasted till 1848, when another revolution swept it
away and another adventurer, named Napoleon III, set up the
second Republic in 1848, but it still lasted only for four (4) years.
In 1852 Napoleon III transformed it into the second Empire,
which was destroyed by the war launched against it by the
emergent Germany in 1870. It was succeeded by a new
Republic, the third Republic under the new constitution passed
in 1875. The third Republic lasted the longest in the history of
Modern France till 1940, when it was destroyed by another
German conqueror, Hitler. A pitiable France GOVT at Vichy
existed under Nazi heels for four years. A fierce Resistance
movement began against the German occupiers. With the
defeat of Hitler`s Germany, a new France Republic, the Fourth
Republic, was set up in 1946 under a new constitution. The
Fourth was changed into the fifth Republic by General Charles
de Gaulle in 1958, when the present constitution was
promulgated by hi after a referendum. That`s why the
constitution of fifth Republic, often called “De Gaulle
Constitution”.
Franch first Republic (1792-1804)
Franch second Republic (1848-1852)
Franch third Republic (1870-1940)
Franch fourth Republic (1946-1958)
Franch fifth Republic (1958-present)
SALIENT FEATURES OF
THE FRANCE
CONSTITUTION OF 1958
(OR) SALIENT FEATURES
OF FIFTH REPUBLIC OF
FRANCE:
The constitution of the fifth Republic of
France often called “De Gaulle constitution” as approved at the
referendum held on 28 september1958 with the incorporation
of subsequent amendments. It is the basic document under
which France has been governed since 1958.Its major
difference from the constitution or the third Republic and of the
fourth Republic is that the executive has been greatly
strengthened in its dealing with the legislature. It consists of the
following distinctive fundamental features.
1.A Written Constitution:
The constitution of the fifth Republic is a written
document. It consists of 107 articles, divided into 16 titles,
extending to some fifteen printed pages.it is longer than the US
constitution, but shorter than the 1973 constitution of Pakistan.
As a document, the France constitution is not a well written
one.
2.Dual Executive:
France executive is not single, as the United States, but dual.
The constitution has both parliamentary and presidential
characteristics. It consists of a President and a govt headed by
the Prime minister. The president elected by the people for five
years (reduced from 7 years), appoints the prime minister and
other minister who, though not members of parliament, are
responsible to it. The president presides over the council of
minister, while “the Govt determines and conduct the policy of
nation”. (Article 20) and “the prime minister leads the action of
the Govt”. (Article21), Thus the constitution creates dual
executive. In reality, This Two Headed executive has become a
single headed one because, since the introduction of the new
constitution, President has made the major decision and the
prime minister and their cabinet have, in most cases, managed
and carried out their decisions.
3.Strong Presidential Power:
This constitution significantly enlarged presidential
power and reduced the authority of the parliament. The
president, elected by the direct popular vote, is head of the
state. This officially appoints the prime minister, who is the
head of the Govt. He appoints the prime minister and other
ministers and presides the council of the ministers. He can
dissolve the national assembly, referring the bill to a
referendum, declaration of emergency and to send message to
parliament. In normal times, he rules the country through the
prime minister, but in emergency, the president becomes the
sole ruler. Under Article 16, the constitution gives him so great
emergency authority as to make him virtually a dictator. So
these power needs no any consultation. In political crisis, his
power increases
4.No Fundamental Rights:
France is the birth place
of the idea of the Rights of Man. Every France constitution
opened with the Declaration of rights. But not the present
constitution. Unlike the former constitution (1946), there is no
any list of fundamental human rights in the constitution of
1958. Although after the France Revolution of 1789, a
declaration of human rights was made. In the preamble of the
existing constitution it is said, “The France hereby people
solemnly proclaim their attachment to the rights of Man and to
the principles of national sovereignty as defined by the
declaration of 1789, confirmed and complemented by the
preamble of the constitution of 1946.” so the emphasis in the
1958 constitution has definitely shifted from rights and liberty
of the individual to authority and sovereignty of the nation.”
Although France is the soil of rights but the constitution of
France itself is silent in this connection. Naturally, there is no
elaboration of these rights and freedom in it, as it was the case
in the earlier constitution.
5.Sovereignty:
The distinguishing feature of the 1958 France constitution
is that, like the American constitution, it embodies the
principles of popular sovereignty. This is clearly manifested in
Article 2 which lays down: “National sovereignty resides in the
people who exercise it through their representatives and by a
mean of referendum.”” Suffrage is always universal, equal, and
secret.” The France constitution is thus an act of the people.
The system of govt established and maintained under it is based
upon popular consent.
6.Bicameralism:
The France parliament consists of two chambers:
1) The National Assembly (The lower house of the
parliament, composed of 577 members known as
“DEPUTES” who are directly elected to serve of five
years.
2) The Senate (The upper house of the parliament is
composed of 283 members known as “SENATEURS and
SENATRICES” but currently it has 348 members. The
senators are elected through an indirect system by a
college of elected official, mostly municipal Councillors
and departmental delegates. Senators have a six years
term, with half of the seats up for election every three
years. (In previous time 9 years.)
The National Assembly is more powerful than the senate,
although both chambers share legislative authority. The
deputies to the National Assembly shall be elected by direct
suffrage. The senate shall be elected by indirect suffrage. The
representation of the territorial units of the Republic shall be
ensured in the senate.
7.Multi Party System:
In France there is a Multi Party system in France, there are
Officially 1,400 registered Political Parties in France. People now
have the constitutional right to start their own political
organization or join any existing ones. According to Article 4 of
the constitution of France “Political Parties shall be formed
freely and shall carry on their activities freely” but they must
respect the principles of national sovereignty and democracy.
Political parties and organization” Play a part in exercising the
right to vote”
8.Secular and Democratic:
France is both secular and democratic state,
guaranteeing secularism and neutrality towards religion.
Religions symbols are generally prohibited in public spaces.
Besides these Article-1 says the motto of the Republic shall be
liberty, equality, and fraternity. Its principle shall be govt of the
people, by the people, and for the people. There will be no
discrimination on the basis of religion or creed and all the
people residing in the France are France citizen.
9.Constitutional Council:
There is no judicial review in the France constitution.
In other words, there is no body in it which has the function of
deciding on the constitutionality of the parliamentary laws or
govt acts. However, the constitution of the third Republic had
set up a constitutional committee with certain restricted
functions. And so did the constitution of the fourth Republic.
The present constitution has not only changed the name from
the constitutional committee to the constitutional council but
also given greater powers.it is true that the constitutional
council has no general responsibility for ensuring respect for
the constitution. In France there is no judicial review to protect
the rights of people. The constitutional council is appointed for
nine years and composed of nine members, three each
appointed by the President, the National Assembly and he
Senate. The constitutional council can express only its opinion
only if it is consulted on certain matters. it has no independent
initiative in constitutional matters. It has no power to enforce
the decision. No citizen can appeal to it nor can any court of law
do the same. The constitutional council assuring the regularity
of election is one of its key responsibilities examining the
legality of organic legislation prior to its discrimination, and the
president of republic. Disputes between the legislative and the
executive branch are also resolved by it.
10.Economic and Social Council:
Economic and social council will be established in
accordance with the Constitution of France, and it will have the
responsibility of expressing its opinion on all bills, orders, and
decrees issued by the administration as well as any proposed
legislation by the Parliament.
11.Referendum:
The President of the Republic’s ability to put specific topics to
the people in a referendum is another significant element.
Article II of the Constitution in France states that the President
of the Republic may submit any bill that deals with the
structure of the governmental authorities, entails approving a
community agreement, or grants authority to ratify a treaty
that may have an impact on the operation of current
institutions without violating the Constitution in France, on the
recommendations of the government or on a joint motion of
the assemblies.
12.High Court of Justice:
The Constitution of France establishes a High Court of
Justice in Article 67. It is made up of lawmakers chosen in
an equal number by the National Assembly and the Senate
following each full or partial election for those chambers.
From among the group’s members, the chairman is
chosen. Its primary duty is to prosecute the President of
the Republic for high treason and the members of the
executive branch for crimes and misdemeanors committed
while performing their official duties.
13.High Council of Judiciary:
The Constitution of France stipulates that the President of
the Republic must be the one to guarantee the
independence of the judiciary, according to the High
Council of the judiciary. It stipulates that the High Council
of Justice will offer support. There are 9 people who make
up this group, and its president is the president of the
Republic. As its Vice-President, the Minister of Justice
serves. The role of the Council is to propose candidates for
the Supreme Court of Appeal and to express an opinion on
the Ministers of Justice’s suggestions for the nomination of
other judges. On matters pertaining to pardon, it is also
consulted.
14. Equality:
Although there is nothing about the human rights in
the constitution of 1958 but Article-1 says France shall be
indivisible, secular, democratic, and social Republic. It shall
ensure the equality of all citizen before the law, without
distinction of origin. It shall respect all beliefs. So, the
constitution ensures human equality.
15.Unitary:
The constitution of 1958 of France provides for a
unitary system. France leadership feels great need of unification
and national integration. All the state power are controlled from
“PARIS”. There are local govt units in the country but strings of
these local institution are directly controlled by the state. There
is no type of distribution of powers. Center is the reservoir of all
political powers.
16.Republican:
The Republic of 1958 of France is Republican system
because the head of state is an elected president. The president
of the republic shall be elected for five years (reduced from 7
years) by direct universal franchise. The president of the
republic shall be elected by ab absolute majority of the vote
cast. If such a majority is not obtained o the first ballot, a
second ballot shall take place. The top two candidates are to
contest election in second ballot.
17.Amendment Procedure (or) Rigid
Constitution:
The constitution of fifth Republic is a rigid one and it may
be amended by a special procedure. Under Article 89, the
initiative for amending the constitution shall belong both to the
president of the Republic on the proposal pf the prime minister
and the members of the parliament. Amendments are adopted
after they win approval by both chambers parliament or by
approval of three-fifth (60 percent) of parliament and then goes
to the electorate by way of Referendum and become law if it
accepted by majority of voters. Nevertheless, the proposed
amendment shall not be submitted to a referendum when the
president of the Republic decides to submit it to parliament
convened by Congress; in this case, the proposed amendment
shall be approved by a three-fifth majority of the vote cast.
Keeping in view this procedure, one may say that it isa partially
rigid constitution. It is unique that the president is to proposed
an amendment.
THE END
