Summary of the Constitution of the Fifth Republic
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Questions and Answers

What is the core significance of natural law according to the declaration?

  • It is inherent to human nature. (correct)
  • It only applies to specific groups.
  • It is a societal construct.
  • It is based on state laws.

    • What is one of the criteria established by the Constitutional Council for recognizing fundamental principles?

  • Must be sufficiently specific.
  • Must be adopted after the Constitution of 1946.
  • Must emerge from laws enacted under a republic. (correct)
  • Must relate only to fundamental rights.

    • Which of the following best describes the concept of individualism as presented in the declaration?

  • It requires communal approval for personal actions.
  • It supports the idea of monarchy.
  • It emphasizes the protection of individual rights. (correct)
  • It promotes collective rights over personal rights.

    • How does the 1789 Declaration of the Rights of Man and Citizen reflect liberalism?

    <p>By limiting state power to protect individual rights.</p> Signup and view all the answers

    Which principle was first recognized by the Constitutional Council as part of the constitutional block?

    <p>Freedom of association</p> Signup and view all the answers

    What year was the Charter for the Environment adopted?

    <p>2004</p> Signup and view all the answers

    What does legicentrism emphasize in the context of the legal order?

    <p>The central role of law as an expression of general will.</p> Signup and view all the answers

    Which of the following is NOT considered a fundamental principle recognized by the laws of the Republic?

    <p>Right to healthcare</p> Signup and view all the answers

    Which characteristic distinguishes the French Declaration's approach to universalism?

    <p>It is abstract and proclaims rights universally.</p> Signup and view all the answers

    Which article in the 1958 Constitution protects individual liberty?

    <p>Article 66</p> Signup and view all the answers

    What important contributions does the Preamble of the Constitution of 1946 provide?

    <p>It enriches principles by adding political, economic, and social rights.</p> Signup and view all the answers

    Which generation of rights does the Charter for the Environment represent?

    <p>3rd generation</p> Signup and view all the answers

    What was the first instance of judicial use concerning the Preamble of the Constitution of 1946?

    <p>Abortion law decision in 1975.</p> Signup and view all the answers

    What is the Constitutional Council's approach when determining rights?

    <p>They prefer relying on textual sources.</p> Signup and view all the answers

    Which of the following is NOT one of the rights emphasized by the natural law mentioned in the declaration?

    <p>Welfare</p> Signup and view all the answers

    Which article from the Declaration of 1789 protects the liberty of conscience?

    <p>Article 16</p> Signup and view all the answers

    What is the significance of the charter for the environment?

    <p>It protects environmental rights at the constitutional level.</p> Signup and view all the answers

    Which article in the charter establishes the right to live in a balanced environment?

    <p>Article 1</p> Signup and view all the answers

    What is one duty included in the charter regarding the environment?

    <p>To participate in preserving and improving the environment.</p> Signup and view all the answers

    Which of the following authorities can challenge a law before its promulgation?

    <p>The Prime Minister</p> Signup and view all the answers

    What was a significant modification of the Constitution in 2008 regarding judicial review?

    <p>Priority preliminary ruling on constitutionality</p> Signup and view all the answers

    What does the 'a posteriori' review allow individuals to do?

    <p>Challenge a statute after it has been enacted.</p> Signup and view all the answers

    Which article mentions the duty to prevent or limit environmental damages?

    <p>Article 3</p> Signup and view all the answers

    What is one limitation of the charter for the environment?

    <p>Not all provisions can be invoked in 'a posteriori' review.</p> Signup and view all the answers

    What type of review allows the Constitutional Council (CC) to assess if a law adheres to the Constitution?

    <p>Constitutional Review</p> Signup and view all the answers

    Which entity has the authority to conduct a conventional review of statutes?

    <p>All judges except Constitutional Council judges</p> Signup and view all the answers

    Which of the following statements is true regarding international treaties in the context of the constitutional block?

    <p>International treaties are superior to statutes but not part of the constitutional block.</p> Signup and view all the answers

    Which principle does continuity in public service fall under?

    <p>Constitutional Block</p> Signup and view all the answers

    What is the relationship between the French Constitution and the European treaties according to French courts?

    <p>The French Constitution is the highest law.</p> Signup and view all the answers

    What can the Constitutional Council NOT do regarding a statute that conflicts with an international treaty?

    <p>Declare the statute unconstitutional</p> Signup and view all the answers

    What is the primary function of the European Court of Human Rights as established by the European Convention on Human Rights?

    <p>Protect fundamental rights</p> Signup and view all the answers

    How many international treaties are approximately addressing human and fundamental rights?

    <p>7,000</p> Signup and view all the answers

    Which key official was a former Prime Minister of France?

    <p>Guy Mollet</p> Signup and view all the answers

    What was a significant contribution of Maurice Hauriou?

    <p>Promoted judicial review to uphold constitutional principles</p> Signup and view all the answers

    What does the Preamble of the Constitution of 1958 primarily reference?

    <p>The Constitution of 1946</p> Signup and view all the answers

    How many articles does the Constitution of 1958 contain?

    <p>90</p> Signup and view all the answers

    What is highlighted in Title II of the Fifth Republic Constitution (1958)?

    <p>The President</p> Signup and view all the answers

    What does the concept of the Constitutional Block refer to?

    <p>Expanding constitutional principles beyond the Constitution of 1958</p> Signup and view all the answers

    In what way does the Fifth Republic's structure combine political systems?

    <p>A hybrid of parliamentary and presidential regimes</p> Signup and view all the answers

    What electoral system is primarily used in the UK House of Commons?

    <p>Majoritarian system: First-past-the-post</p> Signup and view all the answers

    What significant change occurred regarding the election of the president in 1962?

    <p>The president is now elected directly by the people.</p> Signup and view all the answers

    Which article grants full powers to the president during crises?

    <p>Article 16</p> Signup and view all the answers

    What is one of the key aims of the establishment of the Fifth Republic?

    <p>To restore a balance of power between the executive and legislative branches.</p> Signup and view all the answers

    Which mechanism allows for the political responsibility of acts to be transferred from the president to the government?

    <p>Counter signature mechanism</p> Signup and view all the answers

    Under which republic did the right of dissolution theoretically exist but was rarely used?

    <p>Third Republic</p> Signup and view all the answers

    What does the term 'fait majoritaire' refer to in the context of the Fifth Republic?

    <p>Ensuring that the president has a majority in the National Assembly.</p> Signup and view all the answers

    How does the Constitution ensure that laws passed by Parliament are constitutional?

    <p>By the role of the Constitutional Council (Conseil Constitutionnel).</p> Signup and view all the answers

    What is a characteristic of the government in the Fifth Republic in relation to the National Assembly?

    <p>The government is politically accountable to the National Assembly.</p> Signup and view all the answers

    Study Notes

    Summary of the Constitution of the Fifth Republic

    • Established in 1958, post-World War II, the Fourth Republic experienced instability, ending in May 1958. Major issues arose from the Algerian War.
    • On May 13, 1958, a coup attempt prompted President Coty to appoint Pierre Pfimlin as head of government. Military insurrections forced Pfimlin's resignation in May 1958.
    • Coty requested Charles de Gaulle to head the government. De Gaulle was appointed on June 1, 1958, with significant parliamentary support.
    • The Fourth Republic's failure was its governmental instability, lasting an average of 6 months per government.
    • Three important laws were enacted on June 9, 1958:
      • Special powers for the government in Algeria
      • Full legislative powers granted to the government
      • Constitutional law mandating the creation of a new constitution to address structural issues in the Fourth Republic.
    • The new constitution needed to adhere to 5 fundamental principles.
      • Democracy
      • Separation of powers
      • Accountability of the government to the parliament

    The Drafting of the Constitution

    • The drafting involved two committees:
      • Comité Consultatif Constitutionnel led by Michel Debré
      • Interministerial Committee, modifying the initial drafts.
    • The final draft was finalized in July 1958 and presented to the Constitutional Advisory Committee in August 1958. The committee approved the basic structure, despite concerns about certain articles.
    • The Constitutional Advisory Committee was composed of 16 members from the National Assembly, 10 from the Council of the Republic, and others that were experts or political figures. Paul Reynaud chaired the committee.

    Adoption of the Constitution

    • The Fifth Republic's constitution was promulgated on October 4, 1958.
    • It followed approval by referendum on September 28, 1958.
    • A low abstention rate, coupled with overwhelming support for the constitution and for Charles de Gaulle, contributed to the approval.

    Disagreements

    • Concerns existed about Article 89 (Referendum), arguing that it allows laws to bypass Parliament.
    • Article 16 (Special Powers) worried committee members about potential misuse in creating an authoritarian regime.
    • Article 23 (Incompatibility of Roles) concerning holding positions in government and Parliament.

    Final Adoption

    • Michel Debré addressed the Council of State on August 27, 1958, explaining the drafters' intentions and emphasizing a rationalized parliamentary system.
    • The government adopted the final draft of the constitution on September 3, 1958. This final version integrated feedback from the advisory process and the Council of State review.

    The Adoption of the Constitution of 1958

    • De Gaulle presented the constitution to the public on September 4, 1958.
    • This date held symbolic importance.

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    FCL CHP 1 FIXED PDF - Summary of the Constitution of the Fifth Republic

    Description

    Explore the key events and principles that led to the establishment of the Constitution of the Fifth Republic in France in 1958. Understand the context of its development, including the instability of the Fourth Republic and the significant laws passed under Charles de Gaulle's leadership. This quiz will test your knowledge of French constitutional history and its impact on democracy.

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