Simone Lawson
France has had many constitutions over the years, with the current one being adopted on October 4, 1958. This constitution founded the Fifth Republic and was approved by the people in a referendum on September 28, 1958. The constitutional history of France has seen many changes, with the experimentation of various political regime types, including assembly regimes and reactionary dictatorships. The country's first constitution was created in 1791 during the French Revolution, and since then, France is said to have had at least 15 constitutions.
| Characteristics | Values |
|---|---|
| Current Constitution | 1958 |
| Current Constitution founded | Fifth Republic |
| Date of approval by referendum | 28 September 1958 |
| Date of promulgation | 4 October 1958 |
| Number of amendments | 25 |
| Most recent amendment | 2024 |
| Number of reviews | 24 |
| Number of years in existence | 62 |
| Constitution that retained the monarchy | 1791 |
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What You'll Learn
The French Revolution and the Constitution of 1791
The French Revolution, which began in 1789, was driven by the ideals of adopting constitutionality and establishing popular sovereignty. The French Constitution of 1791, created after the collapse of the absolute monarchy of the Ancien Régime, was France's first attempt at a national constitution. It was the first written constitution in France.
The National Assembly, born of the Estates General of 1789, was tasked with drafting the constitution as its primary objective. The Assembly wanted to reorganize the social structure and legalize itself, abolishing the tricameral structure of the Estates General. The Assembly's belief in a sovereign nation and equal representation is reflected in the constitutional separation of powers. The legislative power was vested in the Assembly, the executive branch consisted of the king and royal ministers, and the judiciary was independent of the other two branches.
The Constitution redefined the organization of the French government, citizenship, and the limits of governmental powers. One of the main controversies was the level of power to be granted to the king. The king's title was amended from 'King of France' to 'King of the French', implying that his power emanated from the people and law, not divine right or national sovereignty. The king retained the right to form a cabinet and appoint ministers, and was granted a suspensive veto, which could be overridden by three consecutive legislatures.
The issue of citizenship was also highly debated. The distinction between 'active citizens' with political rights and 'passive citizens' with only civil rights was intolerable to radical deputies like Maximilien Robespierre, who could never reconcile with the Constitution. The Constitution of 1791 was reluctantly accepted by King Louis XVI, but it was fatally compromised by the king's attempt to escape Paris, and the constitutional monarchy proved unworkable.
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The Constitution of the Fifth Republic
The current constitution of France, 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 emerged from the collapse of the Fourth Republic, replacing the former parliamentary republic with a semi-presidential (or dual-executive) system that split powers between a president as head of state and a prime minister as head of government.
A unique feature of the Constitution of the Fifth Republic is that it establishes a shared law-making power between two branches of government: the legislative branch and the executive branch, headed by the president and the prime minister appointed by the president. Parliament has the fundamental responsibility for passing legislation in the Fifth Republic. There are two Houses of Parliament: the National Assembly and the Senate. The president has the right to dissolve the National Assembly and hold new parliamentary elections. If the president has a majority in the National Assembly, they set the domestic policy, and the prime minister puts it into practice. The president also has the crucial powers to call a referendum and dissolve the National Assembly.
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Amendments to the Constitution
France has had many constitutions throughout its history, with the current one being adopted in 1958. This is known as the Fifth Republic, and it has been amended twenty-five times since its inception.
The process of amending the French Constitution involves the President of France initiating a proposal made by the French Prime Minister and members of the French Parliament. The proposed revision must be passed by both houses of Parliament with identical terms. The final review is then approved by a referendum, unless the President of the Republic decides to submit it to Parliament, in which case a three-fifths majority of votes is required.
One notable amendment occurred in 2000, when the president's term of office was shortened from seven years to five. This change was made to coincide with the term of parliament, reducing the likelihood of "cohabitation", where the president and parliamentary majority are from opposing parties. This amendment also included the addition of the Charter for the Environment, initiated by then-President Jacques Chirac.
Another significant amendment was passed in 2008, which created or amended 47 articles of the Constitution. One of the amended articles guaranteed abortion as a "guaranteed freedom", making France the only nation at the time to explicitly guarantee this right.
The most recent amendment to the French Constitution occurred in 2024, though the specifics of this change are not currently publicly available.
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The French President's role in the Constitution
France had a remarkable period of constitutional change between 1789 and 1797, witnessing the birth of four distinct constitutions. Each document was a reflection of the political and social upheaval of the time, as the nation transitioned from monarchy to republic. At the heart of this transformative era was the French President, who played a pivotal role in shaping the constitutional landscape.
From the outset, the President of France was envisioned as a central figure in the nation's constitutional framework. The executive power vested in the presidency was designed to provide stable and decisive leadership, particularly in times of crisis. The President is responsible for appointing the Prime Minister, who then selects the remaining ministers with the President's approval. This process ensures that the President has a significant influence over the composition of the government and the direction of policy.
One of the President's most important constitutional duties is ensuring the proper functioning of public powers and the continuity of the state. This includes respecting institutional norms and ensuring that other state bodies, such as the legislature and judiciary, can operate independently and effectively. The President is also the guarantor of national independence, territorial integrity, and treaty compliance. They are responsible for negotiating and ratifying treaties, as well as commanding the armed forces.
The French President has substantial law-making powers, including the ability to propose laws and amendments to Parliament. While the President does not have the power to directly enact laws, they can influence the legislative process through their proposals and by dissolving the National Assembly, triggering new legislative elections. This power is a crucial tool for the President to shape the legislative agenda and ensure that it aligns with their policy priorities.
Additionally, the President plays a critical role in France's constitutional council, an entity responsible for ensuring the constitutionality of laws and treaties. The President appoints three of the nine council members, ensuring that their interpretation of the constitution is respected. This power further underscores the President's ability to shape the legal landscape and protect the principles and values enshrined in the constitution.
Lastly, the French President serves as the ultimate representative of the nation and its people. They embody the unity of the state and are responsible for ensuring that the dignity of the presidential function is upheld. This includes representing France in international relations and embodying the continuity of the Republic. The President's role in this regard is not merely ceremonial but is rooted in their constitutional responsibilities, which empower them to act as the guardian of France's democratic values and constitutional traditions.
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The French Constitution and the separation of powers
The French Constitution establishes a semi-presidential system, with Articles 5 and 21 supporting the existence of both a president and a prime minister. While the president is considered a guardian of the state and the Constitution, the prime minister has the power to direct the government's actions and policies. This system allows for a balance of powers, with the president and prime minister sharing executive power and the parliament holding legislative power.
The concept of separation of powers in France can be traced back to Montesquieu, who wrote about the political separation of powers. The French model, as outlined in the Constitution, separates legislative power, stemming from universal suffrage, and executive power, with the head of state being directly elected. The judiciary, while not formally considered a power, has evolved into a ""jurisdictional power" that includes both administrative and judicial courts. This evolution has led to the recognition of three separate powers: legislative, executive, and jurisdictional.
The French Constitution also provides for the election of the president, parliament, and their respective powers and relations. Amendments have been made to coincide with parliamentary elections and reduce the likelihood of "cohabitation", a term used to describe periods when the president's party does not hold a majority in parliament. During cohabitation, the prime minister exercises most government powers, except those reserved for the president by the Constitution.
In conclusion, the French Constitution has played a crucial role in shaping the country's political landscape and the separation of powers. The current Constitution of the Fifth Republic, with its amendments, has established a semi-presidential system, recognized the evolution of judicial power, and provided a framework for elections and the balance of powers between the president, prime minister, and parliament.
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Frequently asked questions
France has had many constitutions throughout its history, with the current Constitution of the Fifth Republic being adopted in 1958.
The current French Constitution, established in 1958, outlines core principles such as the separation of church and state, democracy, social welfare, and indivisibility. It has been amended several times, including in 2008 and 2024.
France's constitutional history includes various regime types, from the absolute monarchy of the Ancien Régime to the National Convention during the French Revolution. Notable moments include the Constitution of 1791, which retained the monarchy, and the Constitution of 1958, which founded the Fifth Republic.
The French Constitution of 1958 outlines several roles and responsibilities for the President of the Republic, including ensuring respect for the Constitution, maintaining the proper functioning of public authorities, and guaranteeing national independence and territorial integrity. The President is elected for a five-year term and can serve a maximum of two consecutive terms. They also have the power to submit government bills or private members' bills to a referendum under specific conditions.
