Isabella Carter
France has had several constitutions throughout its history, the first of which was written in 1791. The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted in 1958 and has been amended twenty-five times since then, most recently in 2024. This constitution establishes a semi-presidential system of government and regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
| Characteristics | Values |
|---|---|
| Date of adoption | 4 October 1958 |
| Name | Constitution of the Fifth Republic |
| Previous versions | Constitution of the Fourth Republic of 1946, French Constitution of 1791 |
| Core principles | Separation of church and state, democracy, social welfare, indivisibility |
| Amendments | 25, notably in 2008 and 2024 |
| Government system | Semi-presidential |
| Legislative domain | Expanded in 1982 |
| Legislative power | National Assembly |
| Senators | 321 |
| Senator election | Elected by indirect universal suffrage, by locally elected representatives |
| Senator term | 9 years |
| Senator re-election | One-third up for re-election every 3 years |
| Ratification of international treaties | Enabled |
| Amendment methods | Referendum (article 11) or parliamentary process with presidential consent |
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What You'll Learn
The French Constitution of 1791
A twelve-member Constitutional Committee was formed on 14 July 1789, coincidentally the day of the Storming of the Bastille, to draft the constitution's articles. The Marquis de Lafayette, a member of this committee, proposed a combination of the American and British systems, introducing a bicameral parliament. The king would have suspensive veto power over the legislature, modelled on the authority recently vested in the President of the United States.
The main controversies at this time were the level of power to be granted to the king and the structure of the legislature. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral system. The committee then proposed an absolute veto for the king, but this was also defeated, with a suspensive veto being favoured instead. This could be overridden by three consecutive legislatures.
The greatest controversy faced by the committee concerned citizenship. The Declaration of Rights of Man and Citizen promised equal rights to all subjects of the French Crown, but the question was complicated by the October Days of 5–6 October. Ultimately, a distinction was made between active citizens (over 25, paying direct taxes equal to three days' labour) with political rights, and passive citizens with only civil rights. This conclusion was intolerable to radical deputies like Maximilien Robespierre, who could never be reconciled to the Constitution of 1791.
After lengthy negotiations, the constitution was reluctantly accepted by King Louis XVI in September 1791. It redefined the French government, citizenship, and the limits of governmental power. The National Assembly, the legislative body, aimed to represent the general will, with the king and royal ministers forming the executive branch, and an independent judiciary. Feudal geographic divisions were abolished, and the territory of the French state was reorganised.
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The current French Constitution
The French Constitution established a semi-presidential system of government, with two competing readings. In one reading, the executive branch has both a president of the republic and a prime minister. This is commonly seen in parliamentary systems with a symbolic president and a prime minister who directs the government. This reading is supported by Articles 5 and 21 of the Constitution, which state that the president is a guardian of the state and of the Constitution, while the prime minister has the power to decide on the government's actions and policies. In the other reading, the parliament is very weak for a parliamentary system. The parliament has a limited legislative competence: Article 34 of the Constitution lists domains exclusive to parliamentary legislation, but the remaining domains are left to the executive's regulations.
The French Parliament is bicameral in nature, with two chambers: the Assemblee Nationale and the Senate. The Assemblee Nationale is the primary house of the French parliament, also known as the National Assembly. The Senate is the second house of the French Parliament, and its members are elected by other locally elected representatives. The members of the French Parliament are designated as the Deputes, and they are elected through the principle of universal adult suffrage.
The Constitution also sets out methods for its own amendment: either a referendum (Article 11) or a parliamentary process with presidential consent. The normal procedure for 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. Since 1982, the legislative domain has expanded, and since the landmark 1971 decision of the Constitutional Council, additional sources were defined as part of the constitutional block, such as the 1789 Declaration of the Rights of Man and the 1946 constitutional preamble.
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The legislative domain
The legislative process in France involves the interaction of the parliament and the executive branch. The parliament can propose and pass laws, but the executive branch, led by the president and prime minister, also has the power to influence legislation. The president has the power to appoint the prime minister and, on their proposal, the other members of the government. Additionally, the president can call a referendum, dissolve the National Assembly, and negotiate and ratify treaties.
Furthermore, the French Constitution recognises the rules of international public law and includes articles legalising France's participation in the European Communities and the European Union. Any transfer of essential elements of sovereignty to the EU must be authorised by a revision of the Constitution, which requires the consent of both the National Assembly and the Senate.
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The executive branch
The French Constitution of 1791 was the country's first written constitution, created after the collapse of the absolute monarchy of the Ancien Régime. The current French Constitution, which was adopted on 4 October 1958, is called the Constitution of the Fifth Republic. It established a semi-presidential system of government, with executive power exercised by the President of the Republic and the Government. The President, who is both the head of state and head of the executive, carries more power than leaders of most other European countries. The Government, which is part of the executive branch, consists of the Prime Minister and other ministers. The Prime Minister is appointed by the President and is responsible to Parliament. The Prime Minister may issue autonomous regulations or subordinated regulations (décrets d'application) provided they do not infringe on the Parliament domain.
The French Constitution defines an area of law (Article 34), which is the responsibility of the legislator (Parliament), and an area of regulation (Article 37), which is the responsibility of the executive, i.e., the government. In practice, the executive branch's power to regulate is checked by the Council of State, which can hear cases against executive branch decisions and quash or set aside executive-issued statutory instruments that violate constitutional law, enacted legislation, or codified law.
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The role of the National Assembly
The National Assembly, also known as the Assemblée Nationale, has played a significant role in the development of the French Constitution and the country's political landscape.
The first National Assembly came into existence during the French Revolution, from 17 June 1789 to 9 July 1789. It was a revolutionary assembly formed by the representatives of the Third Estate (commoners) of the Estates-General, with some members from the First and Second Estates also joining. This assembly became known as the National Constituent Assembly, tasked with drafting a constitution as its primary objective. The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble to the French Constitution of 1791, which was the first written constitution in the country.
The National Assembly of 1789 set a precedent for the left-wing and right-wing parties' seating arrangement, with left-wing parties sitting to the left and right-wing parties sitting to the right as seen from the president's seat. This tradition has been continued in subsequent assemblies. The National Assembly of 1789 also established its legal presence in the French government by asserting its permanence in the Constitution and implementing a system for recurring elections.
The current National Assembly is the lower house of the French Parliament, with the Senate being the upper house. The National Assembly consists of 577 deputies, elected by a single-member constituency, with a five-year term. The president of the National Assembly, currently Yaël Braun-Pivet, presides over the body and is usually a member of the largest party represented. The agenda of the National Assembly is mostly decided by the Government, but the Assembly can also enforce its own agenda, as guaranteed by Article 48 of the Constitution.
The National Assembly's role in the legislative process is crucial. It can propose laws, which can originate from the Government or a member of Parliament. However, certain laws, such as financial regulations, must come from the Government. The Assembly also has the power to amend the Constitution, either through a referendum or a parliamentary process with presidential consent.
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Frequently asked questions
Yes, the French Constitution was established in 1958, and it is known as the Constitution of the Fifth Republic. It replaced the Constitution of the Fourth Republic of 1946, with the addition of the 1789 Declaration of the Rights of Man and the 1946 constitutional preamble.
The French Constitution is based on several core principles, including the separation of church and state, democracy, social welfare, and indivisibility. It establishes a semi-presidential system with a President and Prime Minister, outlining their respective powers and roles.
The French Constitution has undergone several amendments since its adoption in 1958. Notably, in 1971, the Constitutional Council's decision expanded the legislative domain and included additional sources as part of the "Constitutional Block." The most recent amendment was made in 2024.
