Fifth Republic Constitution PDF

# L'esprit de la Ve République The Fifth Republic is characterized by a break with the Third and Fourth Republics (the National Assembly was too powerful, the power was unbalanced in favor of Parliament, today this imbalance still exists, but it is in favor of the executive power), a desire for sta...

# L'esprit de la Ve République The Fifth Republic is characterized by a break with the Third and Fourth Republics (the National Assembly was too powerful, the power was unbalanced in favor of Parliament, today this imbalance still exists, but it is in favor of the executive power), a desire for stability, and a strong leader. * A Parliament that seeks to govern is harmful. General de Gaulle said on January 31, 1924, "This system was a product of the need to ensure public authorities efficiency, stability, and responsibility that it lacked under the Third and Fourth Republics. It consists of maintaining a legislative Parliament to ensure that power no longer belongs to partisans but comes directly from the people. This implies that the Head of State, elected by the nation, is the source and the holder of this power." He is referring to the Head of State elected by the nation, which was not the case in 1958. There is a desire to create a parliamentary system. ## Section 1: The establishment of the Fifth Republic The return of General de Gaulle in 1958 marks a significant turning point. In 1940, France experienced a major crisis after 8-9 months of war. Marshal Pétain, in power, signed the armistice, while General de Gaulle launched the appeal of June 18, 1940 from London, opposing the Vichy regime. For four years, he fought to destabilize this regime. In 1944, de Gaulle became the Head of the Provisional Government until 1946, initiating the overhaul of institutions, but clashing with those who wished to maintain the system of the Third Republic. He resigned. Almost 12 years later, the Fourth Republic, marked by political instability and major crises, particularly colonial ones (with the movements for independence, especially in Algeria), was confronted with a military coup in Algiers on May 13, 1958. General de Gaulle, reacting quickly, declared himself ready to assume the powers of the Republic. On May 27, after consulting President René Coty, he announced, "I started yesterday the necessary process to establish a republican government capable of ensuring unity and the independence of the country." On May 29, the President declared that "France is on the brink of civil war," turning to de Gaulle to lead the government. De Gaulle set conditions, including the change in the Constitution, and became the last Prime Minister of the Third Republic. The Constitutional Act of June 3, 1958, which amends the Constitution, grants de Gaulle constituent power. It establishes five fundamental principles: 1. **Universal suffrage is the sole source of power.** It is from universal suffrage or the bodies elected by it that the legislative and executive powers derive. 2. **The executive and legislative powers must be effectively separated** so that the government and Parliament each assume, under their own responsibility, the full extent of their attributions. 3. **The government must be accountable to Parliament.** 4. **Judicial authority must remain independent** to ensure the respect of essential freedoms as defined in the Declaration of 1789 and the Declaration of the Rights of Man and of the Citizen. 5. **The Constitution must allow for the organization of the Republic's relations** with the peoples who are associated with it. The revision procedure involves a multi-step process: an advisory committee, the opinion of the Council of State, and then a referendum. Michel Debré, Minister of Justice, plays a key role in the drafting of the text. The drafting of the Constitution, under Debre's direction, begins with de Gaulle's speech in Bayeux in 1946, where he expresses his desire to restore the authority of the State and stabilize power. In July 1958, an advisory committee is formed to work on the draft Constitution, and on August 28, the Council of State issues a favorable opinion. The draft is submitted to the government on September 3. On September 4, 1958, de Gaulle presents the draft to the French people, emphasizing the importance of the strength and prestige of the State for the future of the nation. André Malraux, politician and writer, emphasizes that this vote is not just about legal texts, but also about the national resurrection of France. The referendum, held on September 28, approves the draft by a large majority. The Constitution is promulgated on October 4, 1958, and institutions are gradually put in place within a period of four months. Legislative elections are held in November, and Gaullists win a relative majority. On December 21, de Gaulle is elected President of the Republic, and he takes office on January 3 of the following year, appointing Michel Debré as Prime Minister. ## Section 2: The Principles of the Fifth Republic ### 1) The Principles of State Construction The fundamental principles of the Fifth Republic mark both continuity and a break with the values of the past. The 1958 Constitution, while referencing the Declaration of the Rights of Man of 1789 and the preamble of 1946, introduces new principles in the government. The preamble of 1946 echoes the Declaration of 1789, proclaiming values of democracy and social rights. The Declaration of 1789, predating the Republic, establishes 17 fundamental articles, the most notable being: the sovereignty of the nation, the inalienable and sacred rights of individuals (equality, liberty, property rights), the principle of the separation of powers, and freedom of access to public employment. Since 1971, the Constitutional Council ensures that laws respect this Declaration. The preamble of 1946 also complements this vision by adding collective rights, such as: equality of the sexes, the right of asylum, the right to work, health, social protection, and education. The Charter of the Environment of 2004, introduced by Jacques Chirac, also consecrates the right to a balanced and healthy environment, with articles guaranteeing the preservation of the environment and the importance of sustainable development. Article 1 of the preamble of the 1946 Constitution states that France is an indivisible, secular, democratic, and social republic. **Indivisibility of the Republic:** This principle, already present since 1792, stipulates that the Republic cannot be divided. The Constitutional Council reaffirmed this principle in 1991, explaining that there is no "Corsican people" distinct. France has also refused to ratify the European Convention on Regional Languages, due to this indivisibility. **Secularity of the Republic:** Secularism, defined by the law on the separation of Church and State of December 9, 1905, guarantees freedom of conscience and prohibits any subsidy or salary of a religion by the State. Since this law, the State is neutral towards religions. Some exceptions exist, particularly in the departments of Bas-Rhin, Haut-Rhin, and Moselle, where the 1801 Concordat remains in effect. In 2004, a law prohibits the wearing of ostentatious religious symbols in public schools. **Democratic character of the State:** Democracy is based on universal suffrage, introduced in 1848 for men and extended to women in 1944. Article 2 of the 1958 Constitution recalls that sovereignty belongs to the people, who exercise it through their representatives or by referendum. France thus adopts national sovereignty, where power is exercised by elected officials, not directly by the people themselves. **Gender equality in politics:** Women obtained the right to vote in 1944, but women's representation in politics remained low for a long time. In 1982, an attempt at parity in municipal councils failed, but the movement gained momentum in the 2000s. The Constitutional Law of July 8, 1999, amended Article 1 of the Constitution to promote equal access of women and men to elected positions. The 2000 law imposes gender-balanced electoral lists for certain elections. Despite these advances, no woman has yet been elected President of the Republic, although women have made it to the second round of presidential elections (Ségolène Royal in 2007, Marine Le Pen in 2017 and 2022). **Social Republic:** The Republic is viewed as a solidarity-based entity, guaranteeing social and trade union rights. The principle of fraternity, enshrined in the Declaration of 1946, is also recognized as a constitutional value. This solidarity is particularly reinforced under the Fifth Republic, and the Constitutional Council has annulled certain laws contrary to this principle of fraternity. ### 2) Principles of Government in the Fifth Republic #### A. Restoration of Executive Power The main goal of General de Gaulle, when creating the Fifth Republic, was to restore and strengthen executive power, particularly that of the President of the Republic, which had been weakened under the Fourth Republic. Before 1958, the President was elected by Parliament with limited powers, but de Gaulle envisioned the President's supremacy in the system. This supremacy was achieved by the 1962 reform, which introduced the election of the President by direct universal suffrage, a measure contested by Parliament but validated by a referendum (Art. 11). The President has extensive powers, including the appointment of the Prime Minister, the possibility of dissolving the National Assembly, and the use of exceptional powers during periods of crisis (Art. 16). The presidential term was reduced from seven to five years in 2000, and it is limited to two consecutive terms since the 2008 Constitutional Reform. However, the system of the Fifth Republic can also enter periods of cohabitation (when the President and the government are from different political parties), reducing the President's supremacy to the benefit of the Prime Minister. For example, in 2022, while President Macron did not have an absolute majority, he was able to form a government, but this situation is considered a special case of minority government. #### B. Rationalization of Parliamentarism One of the major innovations of the Fifth Republic was the rationalization of parliamentarism, which aimed to reduce Parliament's powers to make the government more stable and efficient. 1. **Incompatibility of government and parliamentary functions** Article 23 of the Constitution makes it incompatible to hold the post of Minister or Secretary of State with that of a member of Parliament, a measure that did not exist under the Third and Fourth Republics, where cumulation was allowed. This helped to strengthen the separation of powers and avoid conflicts of interest. 2. **Limitation of the scope of the law** The 1958 Constitution redefined Parliament's legislative competence. Article 34 sets a limited scope for the intervention of the law (for example, public freedom, nationality, defense, etc.), while Article 37 states that any other area falls under regulation, thus under the executive (Art. 37-1). This system allows the government to legislate by decree in many areas. 3. **Ordinances (Art. 38)** Article 38 allows the government, with Parliament's consent, to issue ordinances, a procedure that enables swift action in areas usually reserved for law. This procedure has been frequently used, particularly in economic and administrative matters. 4. **Government Accountability** Since 1958, it has become more difficult for Parliament to overthrow a government. A motion of censure can only be passed by an absolute majority in the National Assembly. Moreover, the use of Article 49-3 allows the Prime Minister to make his government's accountability hinge on a bill, unless a motion of censure is passed within 24 hours (which is rare). The 2008 reform limited the use of 49-3 to certain areas (budget and social security) and allows its use only once per parliamentary session for other bills. 5. **Control of the agenda** One of the main reforms was to give the government control of the agenda in parliamentary assemblies, allowing it to set legislative priorities. A 2008 reform introduced some flexibility, limiting the government's priority to two weeks per month, thus sharing the agenda with Parliament. 6. **Limited Power of Parliament to Amend Laws** Deputies and senators can propose amendments, but their scope is now highly limited. For example, an amendment cannot create or increase a public charge. This restriction aims to prevent parliamentarians from passing laws increasing public spending without providing funding. All in all, the Fifth Republic has sought to balance power between a strong executive and a streamlined Parliament, while limiting political interference and the possibility of government instability. Subsequent reforms have strengthened the system's efficiency while safeguarding the democratic legitimacy of Parliament.