Omar Bennett
The French Constitution, also known as the Constitution of the Fifth Republic, has been amended several times since its adoption in 1958. The Constitution sets out two methods for its own amendment: a referendum (Article 11) or a parliamentary process with presidential consent. Amendments can be proposed by the government or by private members, and must be passed by both houses of Parliament. As of 2024, the French Constitution has been amended approximately twenty-five times, with notable revisions occurring in 2008 and 2024. These amendments have addressed various aspects of French governance, including the term limits for the presidency, the powers of Parliament, and the relationship between church and state.
| Characteristics | Values |
|---|---|
| Current Constitution | Constitution of the Fifth Republic |
| Date of Adoption | October 4, 1958 |
| Number of Amendments | 24 or 25 |
| Last Amendment | 2008 or 2024 |
| Amendment Procedure | Approval by both houses of Parliament, followed by approval by Congress or referendum |
| Notable Amendments | Introduction of consecutive two-term limit for the presidency, granting Parliament a veto over some presidential appointments, ending government control over Parliament's committee system, allowing Parliament to set its own agenda, allowing the president to address Parliament in session, ending the president's right of collective pardon |
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What You'll Learn
- The French Constitution has been amended 24 or 25 times since 1958
- Amendments must be approved by both houses of Parliament
- The French president can bypass Parliament by sending an amendment directly to referendum
- The 2008 amendment introduced a two-term limit for the presidency
- The 2024 amendment is the most recent
The French Constitution has been amended 24 or 25 times since 1958
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958. It has since been amended 24 times, with the most recent amendment occurring in 2008. This constitution outlines the core principles of the French state, including the separation of church and state, democracy, social welfare, and indivisibility.
The process of amending the French Constitution is outlined in Article 89. Firstly, a constitutional bill must be approved by both houses of Parliament. The bill then needs to be approved by the French Congress, which is a joint session of both houses, or it can be submitted to a referendum. A referendum is a direct vote by the French people, allowing them to accept or reject the proposed amendment.
There are alternative paths to amending the constitution, as outlined in Article 11. Charles de Gaulle, in 1962, bypassed the standard amendment procedure by directly putting a constitutional amendment to a referendum. This procedure has been criticised because Article 11 does not explicitly mention its use for revising the Constitution.
The French Constitution has undergone significant changes over the years. Notable amendments include the introduction of a consecutive two-term limit for the presidency, granting Parliament veto power over some presidential appointments, and ending the president's right of collective pardon. These amendments reflect the evolving nature of the French political system and the desire to balance power between the executive and legislative branches.
While most sources indicate 24 amendments to the French Constitution since 1958, one source mentions 25 revisions. This discrepancy may be due to the method of counting or the inclusion of minor technical changes. The French Constitution is a living document that adapts to the changing needs and values of French society.
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Amendments must be approved by both houses of Parliament
The French Constitution has been amended 24 or 25 times since 1958. The most recent amendment occurred in 2024. The process of amending the French Constitution is outlined in Article 89 and Article 42.
Amendments to the French Constitution must be approved by both houses of Parliament. This is known as the "parliamentary process." The two houses of the French Parliament are the National Assembly and the Senate. Firstly, a constitutional bill must be approved by both houses of Parliament. This means that the National Assembly and the Senate must pass the bill in identical terms.
Once the bill has been approved by both houses of Parliament, it must then be approved by the French Congress or submitted to a referendum. The French Congress is a special joint session of both houses of Parliament. If the bill is submitted to a referendum, it must be approved by a simple majority of the votes cast. If the bill is not approved by a referendum, no new proposal on the same subject may be submitted for two years.
In some cases, a Government Bill to amend the Constitution may bypass the referendum process if the President of the Republic decides to submit it directly to Parliament. In this case, the bill must be approved by a three-fifths majority of the votes cast in Parliament.
It is important to note that there are certain restrictions on the amendment process. For example, no amendment procedure can be commenced or continued if it jeopardizes the integrity of national territory. Additionally, the republican form of government cannot be the object of any amendment.
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The French president can bypass Parliament by sending an amendment directly to referendum
The French Constitution, also known as the Constitution of the Fifth Republic, has been amended 24 or 25 times since its adoption on 4 October 1958. It establishes France as a secular, indivisible, democratic, and social republic, based on the principles of liberty, equality, and fraternity.
One notable aspect of the French constitutional amendment process is the ability of the French president to bypass Parliament by sending an amendment directly to a referendum. This procedure, known as Article 11, was utilised by Charles de Gaulle in 1962 to propose that the president be elected by direct suffrage. By circumventing the amendment process, de Gaulle ensured that the establishment of a popularly-elected presidency would not be vetoed by Parliament. The 1962 referendum was approved by 62% of the vote, although the low voter turnout of only 46% of registered voters is worth noting.
Article 11 is included in the Constitution as a method for proposing legislation and amending the organisation of constitutional institutions. While it has been criticised for lacking explicit provision for constitutional revision, it nonetheless presents an alternative pathway to amend the Constitution besides the parliamentary process.
In contrast to the Article 11 procedure, the standard method of amending the French Constitution involves both a parliamentary process and presidential consent. According to Article 89, a constitutional bill must first be approved by both houses of Parliament. Subsequently, the bill must be approved either by the French Congress, a joint session of both houses, or by a simple majority referendum. Alternatively, as outlined in Article 21, Parliament can temporarily delegate its constitutional law-making power to the government through a loi d'habilitation, enabling the government to issue ordinances in specific subject areas for a defined period.
The French Constitution has a rich history of amendments, with the most recent one occurring in 2024. These amendments have played a pivotal role in shaping the country's core principles, including the separation of church and state, democracy, social welfare, and indivisibility.
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The 2008 amendment introduced a two-term limit for the presidency
The French Constitution, also known as the Constitution of the Fifth Republic, has been amended 24 or 25 times since its adoption on October 4, 1958. The most recent amendment occurred in 2024. One notable amendment occurred in 2008, which introduced a two-term limit for the French presidency.
The 2008 amendment, known as Constitutional Law No. 2008-724, was passed on July 21, 2008, by a margin of just two votes. This amendment brought about significant changes to the French political system and the role of the president.
Prior to the 2008 amendment, there was no term limit for the French presidency. The introduction of a two-term limit meant that a president could now only serve a maximum of two consecutive terms in office. This change brought France into alignment with many other democratic countries that have similar term limits for their heads of state.
The 2008 amendment also granted Parliament more power and oversight over the presidency. For example, it gave Parliament the authority to veto some presidential appointments, ending the president's exclusive control over these decisions. Additionally, it allowed Parliament to set its agenda independently, free from presidential influence.
Another important change introduced by the 2008 amendment was ending the president's right of collective pardon. Previously, the president had the power to pardon groups of individuals or grant amnesties, often as a political gesture. By removing this right, the amendment further reduced the president's discretionary powers and strengthened the separation of powers between the executive and legislative branches.
The 2008 amendment to the French Constitution was part of a broader effort to modernize the institutions of the Fifth Republic and enhance the balance of powers between the executive and legislative branches. These changes aimed to create a more effective and accountable governance system in France, reflecting the evolving needs and expectations of its democratic society.
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The 2024 amendment is the most recent
The French Constitution, also known as the Constitution of the Fifth Republic, has been amended 24 or 25 times since its adoption on October 4, 1958. While the most recent amendment before 2024 was made on July 23, 2008, the exact date of the 2024 amendment is not clear.
The French Constitution sets out two methods for its amendment. The first method involves a referendum (Article 11) and the second involves a parliamentary process with presidential consent (Article 89). 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 or by a three-fifths supermajority of the French Congress, a joint session of both houses of Parliament.
The 2008 amendment, for example, was passed by Parliament by a margin of two votes. The changes 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.
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Frequently asked questions
The French Constitution has been amended 24 or 25 times since 1958. The most recent amendment occurred in 2024.
The current French Constitution, often referred to as the Constitution of the Fifth Republic, was adopted on October 4, 1958. It regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
The French Constitution can be amended through a referendum (Article 11) or a parliamentary process with presidential consent (Article 89). The amendment must be adopted in identical terms by both houses of parliament and then approved by a simple majority in a referendum or a three-fifths supermajority of the French Congress.
Some notable amendments to the French Constitution include the 1962 amendment, which established a popularly-elected presidency, and the 2008 amendments, which introduced a consecutive two-term limit for the presidency and gave Parliament a veto over some presidential appointments.
