Jonah Patel
France has had many constitutions throughout its history, with the current one being adopted on October 4, 1958, establishing the Fifth Republic. This constitution was amended in 2008 and 2024 and outlines core principles such as the separation of church and state, democracy, social welfare, and indivisibility. The French constitution has unique features, such as power-sharing between the parliament and the executive branch, and an Economic and Social Council that brings together prominent people from various sectors of civil society. The country's constitutional history has seen a range of political regimes, from an absolute monarchy under the Ancien Régime to a parliamentary monarchy in 1791, and the current constitution reflects France's commitment to democracy and human rights.
| Characteristics | Values |
|---|---|
| Date of Promulgation | 4 October 1958 |
| Type of Government | Semi-presidential system |
| Election of President | Popular election |
| Tenure of President | 5 years |
| Election of Parliament | Elected |
| Powers of Government | Elected by the President, except during cohabitation |
| Powers of President | Guardian of the state and the Constitution |
| Powers of Prime Minister | Powers over government actions and policies |
| Powers of Parliament | Exclusive power to enact laws in public liberties, criminal law, taxation, property rights, labor law, social security, and national defense |
| Judicial Authority | Independent, with the President as guarantor |
| High Council of the Judiciary | President of the Republic as President, Minister of Justice as ex officio Vice-President |
| Secularism | Yes |
| Sovereignty | Derived from the people |
| Social Welfare | Access to free public services |
| Laïcité | Separation of church and state, with freedom from religion protected |
| European Union | Participates in the European Union |
| Right to Vote | Granted to citizens of the Union residing in France |
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What You'll Learn
France's constitution has changed many times
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It replaced the Constitution of the Fourth Republic of 1946, with the exception of the preamble per a 1971 decision of the Constitutional Council. The Fifth Republic's Constitution was drafted by Michel Debré and introduced by Charles de Gaulle, the first president of the Fifth Republic.
The French Constitution has been amended twenty-five times since its inception, notably in 2008 and most recently in 2024. The Constitution sets out methods for its own amendment: either a referendum (Article 11) or a parliamentary process with presidential consent. A constitutional amendment can be proposed by the President on the advice of the Prime Minister or by members of parliament. It must then be passed by both houses of parliament, sitting separately, and ratified by referendum.
The 2008 amendment, also known as the Constitutional Law of 23 July 2008, focused on the modernisation of the institutions of the Fifth Republic. It 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.
The most recent amendment to the French Constitution occurred on 4 March 2024, when Parliament amended Article 34 in a 780-72 vote. This amendment guaranteed the right to an abortion, making France the only nation to do so in its constitution.
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The current constitution establishes a secular state
The current French constitution, adopted on 4 October 1958, is called the Constitution of the Fifth Republic. It was approved by the people in a referendum on 28 September 1958 and officially promulgated on 4 October that year. The constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
The concept of laïcité, or secularism, is a core principle in the French Constitution. Article 1 formally states that France is a secular republic: "La France est une République indivisible, laïque, démocratique et sociale". The French government is legally prohibited from recognising any religion, except in specific legacy cases, such as military chaplains. The principle of laïcité is implemented through policies based on the 1905 Law of Separation of Churches and State, which prohibits state recognition or funding of any religion.
Secularism first took form during the French Revolution in 1789, with the abolition of the Ancien Régime and the affirmation of universal principles, including freedom of opinion and equal rights. The 1789 Declaration of Rights of Man and Citizen, which was incorporated into the preamble to the 1958 Constitution, states in Article 10: "No one should be worried about his opinions, even religious, provided that their manifestation does not disturb the public order established by law."
Public education in France has been secular since the Jules Ferry laws of 1881-1882 and the Goblet law of 1886, which established that education in public schools is exclusively entrusted to secular staff. The provision of "free and secular public education" is a constitutional duty of the state, ensuring freedom of conscience and equality of rights for all citizens, regardless of religious belief.
The French concept of a secular state does not equate to an atheistic state, as "the Republic shall respect all beliefs". Instead, it aims to ensure complete equality among citizens, regardless of their religious beliefs or lack thereof. This includes recognising the holy days of various religions and granting individual leave for civil servants and school children to observe these days.
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The role of the executive branch is unique
The French Constitution of 1958 established a mixed or semi-presidential system of government, combining elements of both parliamentary and presidential systems. The political system of France consists of an executive branch, a legislative branch, and a judicial branch.
The executive branch in France has a unique structure, with both a President of the Republic and a Prime Minister. The President is elected for five years by direct universal suffrage and operates as head of state. The President's role is unique in that they have the authority to bypass parliament by submitting referenda directly to the people. The President also appoints the Prime Minister, who oversees the execution of legislation and directs the action of the government. The President also appoints the Council of Ministers, or cabinet, which, together with the Prime Minister, is referred to as the government.
The role of the Prime Minister has gradually gained in stature. While the President appoints the Prime Minister, the latter is responsible for determining governmental policy and exercises control over the civil service and the armed forces. The Prime Minister ensures the execution of laws and exercises regulatory power. The Prime Minister is also responsible for national defence.
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. The President and the Prime Minister issue regulations, which are called decrees and can be autonomous or taken to implement laws.
In summary, the role of the executive branch in France is unique due to the mixed or semi-presidential system, with a strong role for the President, who can bypass parliament, and a Prime Minister who has significant powers over governmental policy and its execution.
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The Senate is indirectly elected
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. 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 second reading, the parliament is very weak for a parliamentary system.
The French Parliament consists of two houses: the National Assembly and the Senate. The National Assembly is elected on a direct universal ballot, and the Government relies on its majority. The Senate, on the other hand, is indirectly elected by part of the country's local councillors. Senators are elected for six-year terms, with half of the seats up for election every three years. They represent France's departments, overseas collectivities, and citizens abroad.
The Senate enjoys less prominence than the National Assembly, but it still plays a role in some key procedures, such as constitutional amendments. The mode of election for senators varies depending on their constituency's population size. In less populated constituencies (one or two seats), they are elected individually, while in more populated ones (three seats or more), they are elected on lists.
The Senate has been criticised by some political parties for not being sufficiently representative of the people. However, the present selection mode of the Senate dates back to the start of the Third Republic.
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The constitution has been amended 25 times
The French Constitution, established on 4 October 1958, has been amended 24 times since its inception, with the most recent amendment occurring on 4 March 2024. This amendment, passed by a vote of 780 to 72, guaranteed the right to abortion, describing it as a "guaranteed freedom". This makes France the first nation to explicitly guarantee this right in its constitution.
The French Constitution outlines a semi-presidential system of government, with a President of the Republic and a Prime Minister. The constitution grants the President the power to appoint the Prime Minister and other members of the government, as well as the authority to promulgate Acts of Parliament within 15 days of their final passage. The President also presides over the Council of Ministers and is considered the guardian of the state and the Constitution, according to Article 5.
The Prime Minister, on the other hand, has the power to decide on the government's actions and policies, as stated in Article 21. During periods of "cohabitation," when the parliamentary majority does not support the President, the Prime Minister exercises all government powers except those reserved for the President by the Constitution.
The Constitution also sets out the methods for its amendment. Amendments can be made through a referendum (Article 11) or a parliamentary process with presidential consent. The standard procedure involves both houses of parliament adopting the amendment in identical terms, followed by approval by a simple majority in a referendum or a three-fifths supermajority of the French Congress, a joint session of both houses (Article 89).
The French Constitution has been amended numerous times to adapt to the changing needs of the nation. One notable amendment occurred in 2000, when the President's term of office was shortened from seven years to five to coincide with the term of parliament. This amendment aimed to increase the likelihood of the presidential and parliamentary election winners agreeing with each other, reducing the occurrence of cohabitation.
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Frequently asked questions
The French Constitution, established in 1958, sets out the principles of the French Republic, including social welfare, laïcité (separation of church and state, with freedom from religion protected), and the establishment of a semi-presidential system of government.
The French Constitution has a unique history, with many changes and experimentation with different political regime types. France has had many constitutions, ranging from the Constitution of 1791, which established a parliamentary monarchy, to the Constitutional Law of 1940, which established Vichy France. The current Constitution is referred to as the Constitution of the Fifth Republic to distinguish it from previous versions.
The French Constitution can be amended through a referendum or a parliamentary process with presidential consent. Amendments must be adopted in identical terms by both houses of parliament and then by a simple majority in a referendum or a three-fifths supermajority of the French Congress.
