Simone Lawson
The French Constitution has gone through many iterations since the French Revolution, with the current version being the Constitution of 1958, which founded the Fifth Republic. This constitution defines the French people as having the power to elect members of the Deliberative Assemblies of New Caledonia and the provinces. It also recognises the overseas populations within the French people, governed by specific articles. The French Constitution also establishes the principle of Government of the people, by the people and for the people, with national sovereignty vested in the people. It ensures equality for all citizens without distinction of origin, race, or religion. The term race has been a subject of debate, with some proposing its removal from the Constitution to erase its legitimising effect, while others argue it strengthens the denunciation of racism.
| Characteristics | Values |
|---|---|
| Core Principles | Separation of church and state, democracy, social welfare, indivisibility |
| Type of Government | Semi-presidential system |
| Legislative Body | National Assembly |
| Executive Branch | President of the Republic and Prime Minister |
| Judiciary | Independent of the other two branches |
| Suffrage | Direct or indirect, universal, equal and secret |
| Equality | Equality for all citizens without distinction of origin, race, or religion |
| National Emblem | Blue, white and red tricolour flag |
| National Anthem | La Marseillaise |
| Maxim | Liberty, Equality, Fraternity |
| Principle | Government of the people, by the people and for the people |
| Sovereignty | Vested in the people |
| Language | French |
| Recognition | Overseas populations within the French people in a common ideal of liberty, equality and fraternity |
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What You'll Learn
Equality and liberty
The French Constitution defines French people as those who uphold the principles of liberty, equality, and fraternity. These values are deeply rooted in the country's history, particularly during the French Revolution, and remain integral to the nation's identity.
Equality
Equality was a fundamental principle advocated by the French Revolutionaries, challenging the entrenched privileges of birth under the old regime. The revolutionary slogan called for a society where all citizens enjoyed equal rights and opportunities, regardless of social standing or lineage. This marked a radical departure from the feudal system, where a small percentage of the population held the majority of power and wealth due to their birthright. The revolutionaries sought to dismantle this system and prioritise the common good over privilege.
The Declaration of the Rights of Man and of the Citizen, which came into existence in 1789, further entrenched equality as a fundamental right. It recognised equality before the law and the justice system, affirming that all citizens are equal in the eyes of the law. This equality extends to eligibility for high offices, public positions, and employment, where appointment is based solely on ability and merit, without distinction.
Liberty
Liberty, or 'Liberté' in French, holds a significant meaning in the context of the French Revolution. It encompasses political liberty, including freedom of thought, speech, religion, and the right to participate in government. The right to participate in law-making is also crucial, with citizens having a legal right to contribute directly or indirectly to the formation of laws and the selection of representatives.
The Declaration of the Rights of Man and of the Citizen safeguards liberty by establishing that citizens may speak, write, and publish freely, except in cases that constitute abuse of this liberty as determined by law. It also asserts that no one may be compelled to do anything not provided for by law, and any prohibition must be explicitly stated in the law. This liberty is closely tied to equality, as it ensures that all citizens have the freedom to pursue their rights without hindrance, as long as they do not infringe upon the rights of others.
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Separation of church and state
The French Constitution of 1958, which founded the Fifth Republic, is the constitutional text currently in force in France. It was approved by the people in a referendum on 28 September 1958 and officially promulgated on 4 October that year. The French Constitution established a semi-presidential system of government, with two competing readings. One reading interprets the executive branch as having both a president and a prime minister, while the other views the parliament as weak for a parliamentary system.
The Constitution has one explicit principle, set forth in Article 2: "Government of the people, by the people and for the people". This principle is borrowed from Lincoln. The Constitution also regards the separation of church and state as a core principle of the French state. Laïcité, or the separation of church and state, is enshrined in the Constitution, protecting religious freedom and ensuring that churches are separate from the state.
The French Constitution has a rich history, with many changes and experiments with various political regime types since the French Revolution. The first written constitution in France was created in 1791 after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, which was both a legislature and a constitutional convention, played a crucial role in drafting this constitution and establishing its permanence in the constitutional framework.
The Revolutionary Era witnessed several constitutions, including the Constitution of 1791, which established a parliamentary monarchy, the Constitution of the Year VIII, which instituted the Consulate, and the Constitution of 1848, which established the Second Republic. The Constitution of 1946 established the Fourth Republic, and the Fifth Republic was inaugurated with the current Constitution, which has been amended twenty-five times, most recently in 2024.
The Constitution also establishes other principles such as social welfare, democracy, and indivisibility. Social welfare ensures that everyone has access to free public services and assistance when needed. Democracy entails that the Parliament and the Government are elected by the people. Indivisibility affirms that the French people are united in a single sovereign country with the French language as its official language, and all citizens are equal.
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Democracy
The French Constitution of 1958, which founded the Fifth Republic, is the constitutional text currently in force in France. The French Constitution established a semi-presidential system of government, with two competing readings. In the first reading, the executive branch has both a president of the republic and a prime minister, as is commonly seen in parliamentary systems with a symbolic president and a prime minister who directs the government. The second reading interprets the parliament as very weak for a parliamentary system, with limited legislative competence.
The Constitution has one explicit principle, set forth in Article 2: "Government of the people, by the people and for the people". This principle is borrowed from Lincoln and is also reflected in the maxim of the French Republic: "Liberty, Equality, Fraternity". The Constitution also establishes France as a secular and democratic country, deriving its sovereignty from the people.
The French Constitution also recognises the overseas populations within the French people, governed by Articles 73 and 74. The status of New Caledonia is governed by Title XIII. The legislative system and special organisation of the French Southern and Antarctic Territories and Clipperton shall be determined by statute.
The French Constitution has been amended twenty-five times since its inception, notably in 2008 and most recently in 2024. The Constitutional Council monitors the respect of the provisions of the Constitution, and any changes must be approved by both houses of Parliament and either approved by Congress or submitted to a referendum.
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Social welfare
During the Industrial Revolution in the nineteenth century, new forms of protection emerged, such as fraternal benefit societies, which were legally recognized in 1835. Social contributions make up a significant portion of social welfare, with 66% reported in 2007. However, their proportion has decreased since the 1990s due to replacement by fiscal resources and contribution exemptions. Assigned taxes, which are fiscal resources allocated to financing social benefits, have become an increasing share of social welfare funding, reaching nearly 21% in 2007.
The French social protection system is gradually becoming universal, covering all individuals. Social insurance was introduced in 1930, and comprehensive rules for social security were established in 1946. The system is pluralistic, with various actors, and the most important scheme covers employees in industry, commerce, and services. Social security is managed by a network of elected social security and family allowance primary boards, overseeing a substantial budget.
The French government has also addressed housing issues through incentives for construction, loans for low-rent housing, and subsidized public housing programs. A minimum wage law has been in place since 1950, and since 1970, it has been supplemented by the salaire minimum interprofessionnel de croissance (SMIC), which has increased the lowest salaries faster than inflation. Additionally, France has a well-established ecosystem to support social entrepreneurs and innovators, with organizations like AVISE providing engineering, consulting, and funding support.
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Indivisibility
The Constitution of the Fifth Republic, currently in force in France, defines the French people as united in a single sovereign country with one language, French, and where all people are equal. This principle of "indivisibility" is one of the core principles of the French state, along with democracy, social welfare, and the separation of church and state.
The French Constitution establishes a semi-presidential system of government, with a president of the republic and a prime minister. The president is considered a guardian of the state and the Constitution, while the prime minister has the power to decide on the government's actions and policies. The Constitution also recognises the overseas populations within the French people, governed by specific articles.
The National Assembly, which includes deputies representing the people and senators representing local authorities, is a key component of the French legislative process. The Assembly's power is balanced by the Senate, which cannot be dissolved and has the same legislative powers, although the Assembly holds the last word in disagreements.
The French Republic's explicit principle, as stated in Article 2 of the Constitution, is "government of the people, by the people and for the people", reflecting popular sovereignty. This principle is further emphasised by the recognition of national sovereignty vested in the people, who exercise it through their representatives and referendums.
In conclusion, the French Constitution's concept of indivisibility unifies the French people as a sovereign nation with a common language and equality for all citizens, while the democratic principles outlined in the Constitution provide a framework for popular representation and governance.
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Frequently asked questions
The core principles of the French Constitution are social welfare, laïcité, democracy, and indivisibility.
Laïcité refers to the separation of church and state and the protection of freedom from religion.
The French Constitution states that suffrage may be direct or indirect and shall always be universal, equal, and secret.
Yes, Article One of the French Constitution states that France "ensures equality for all citizens without distinction of origin, race, or religion".
