|Constitution of France|
Constitution of France (1958)
|Original title||(in French) Constitution française du 4 octobre 1958|
|Ratified||28 September 1958|
|Date effective||4 October 1958|
|System||Semi-Presidential indivisible, secular, democratic and social republic|
|Branches||Three (executive, legislature and judiciary)|
|Chambers||Two (Senate and National Assembly)|
|Executive||President-led cabinet responsible to the National Assembly; Prime minister as head of government|
|Judiciary||High Court is established for presidential Impeachment purposes; an extra-judicial body, the Constitutional Council, reviews the constitutionality of laws; no other part of the court system is referenced.|
|Electoral college||No, but senate elections mandated to be indirect|
|Supersedes||French Constitution of 1946|
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The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic, dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then, the constitution has been amended twenty-four times, through 2008.
The preamble of the constitution recalls the Declaration of the Rights of Man and of the Citizen from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people.
It provides for the election of the President and the Parliament, the selection of the Government, the powers of each and the relations between them. It ensures judicial authority and creates a High Court (a never-as-yet-convened court for trying the Government), a Constitutional Council, and an Economic and Social Council. It was designed to create a politically strong President.
It enables the ratification of international treaties and those associated with the European Union. It is unclear whether the wording, especially the reserves of reciprocity, is compatible with European Union law.
The Constitution also sets out methods for its own amendment: a referendum or a Parliamentary process with Presidential consent. The normal procedure of constitutional amendment is that the amendment must be adopted in identical terms by both houses of Parliament and then must be adopted by a simple majority in a referendum or by a three-fifths supermajority of the French Congress, a joint session of both houses of Parliament (article 89).
However, Charles de Gaulle bypassed the legislative procedure in 1962 by directly sending a constitutional amendment to referendum (article 11), which approved. That was highly controversial at the time, but the Constitutional Council ruled that since a referendum expressed the will of the sovereign people, the amendment had been adopted.
Prior to 1971, though executive, administrative and judicial decisions had to comply with the general principles of law (jurisprudence derived from law and the practice of law in general), there were no such restrictions on legislation. It was assumed that unelected judges and other appointees should not be able to overrule laws voted for by the directly elected French parliament.
In 1971, a landmark decision by the Constitutional Council (71-44DC) cited the preamble of the Constitution and its references to the principles laid in the Declaration of the Rights of Man and of the Citizen as a reason for rejecting a law that, according to the Council, violated one of these principles. Since then, it is assumed that the "constitutional block" includes not only the Constitution, but also the other texts referred to in its preamble:
Since then, the possibility of sending laws before the Council has been extended. In practice, the political opposition sends all controversial laws before it.
In the Constitution, are written the principles of the French Republic:
The Constitution, in Article 89, has an amending formula. First, a constitutional bill must be approved by both houses of Parliament. Then, the bill must either be approved by the Congress, a special joint session of both houses, or submitted to a referendum.
In 1962, President Charles de Gaulle controversially submitted a bill to a referendum through another procedure defined at article 11 of the Constitution, which allows the President to hold a referendum without the consent of Parliament: see 1962 French presidential election referendum. That permitted the establishment of a popularly-elected presidency, which would otherwise have been vetoed by the Parliament.
On 21 July 2008, Parliament passed constitutional reforms championed by President Nicolas Sarkozy by a margin of two votes. The changes, when finalized, introduced a consecutive two-term limit for the presidency, gave Parliament a veto over some presidential appointments, ended government control over Parliament's committee system, allowed Parliament to set its own agenda, allowed the president to address Parliament in-session and ended the president's right of collective pardon. (See French constitutional law of 23 July 2008)
France had numerous constitutions in its history: