Isabella Carter
France has had a long constitutional history, with the country experimenting with a wide range of political systems since the French Revolution. The current French constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958 and has been revised 24 to 25 times since, most recently in 2024. This constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
| Characteristics | Values |
|---|---|
| Current Constitution | Constitution of the Fifth Republic |
| Date of Adoption | 4 October 1958 |
| Number of Amendments | 24 or 25 |
| Core Principles | Separation of church and state, democracy, social welfare, indivisibility |
| Latest Amendment | 2024 |
| Number of Constitutions in France's History | 15 |
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What You'll Learn
The current French constitution
The constitution has been amended 24 or 25 times, most recently in 2024, with notable amendments in 2008. Amendments are made in accordance with Article 89, which states that a constitutional bill must first be approved by both houses of Parliament. It must then be approved by the Congress, a special joint session of both houses, or submitted to a referendum.
The amendments made in 2008 were constitutional reforms championed by President Nicolas Sarkozy, which 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 French constitution has a rich history of changes and revisions, with the country experimenting with a large number of political regime types since the French Revolution. The Kingdom of France, under the Ancien Régime, was an absolute monarchy and lacked a formal constitution, relying instead on custom and fundamental laws outside the power of the monarch to change. The Revolutionary Era saw the adoption of several constitutions, including the Constitution of 1791, which established a parliamentary monarchy, and the Constitution of the Year VIII, which instituted the Consulate. The current constitution, established in 1958, has been revised many times, with changes becoming more frequent since the 1990s.
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The French Fifth Republic
Under the new constitution, 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, while the prime minister puts it into practice. The president can also change prime ministers and reshuffle the government during their mandate. If there is a different majority in the national assembly, the president must nominate a prime minister from a different party, which is called a "cohabitation".
The Fifth Republic's constitution has been revised and amended many times since its inception. Changes to this fundamental law have become more frequent since the 1990s. Constitutional revisions are initiated by the President of France on a proposal by the French Prime Minister and members of the French Parliament. The proposed revision must be passed by both houses with identical terms and then approved by referendum or by a three-fifths majority in Parliament. The Fifth Republic's constitution has been amended 25 times since 1958, most recently in 2024.
The Fifth Republic is France's third-longest-lasting political regime, after the hereditary monarchy of the Ancien Régime and the parliamentary Third Republic. It has been characterised by a strong presidency, with de Gaulle supporting a powerful executive. This was further reinforced by the 1962 constitutional amendment, which provided for the direct popular election of the president.
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Amendments and revisions
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It has been revised and amended numerous times since its inception. The Fifth Republic's Constitution replaced the 1946 Constitution of the Fourth Republic, except for its preamble, per a 1971 decision by the Constitutional Council.
The French Constitution of 1958 has been revised and amended frequently, with 25 revisions made since 1958. The most recent amendment was in 2024, with other notable amendments in 2008 and 2005. The early years of the Fifth Republic saw many changes, and since the 1990s, constitutional revisions have become more common.
Amendments to the French Constitution follow a specific process. Firstly, a constitutional bill must be approved by both houses of Parliament. The bill then requires approval either by Congress, a joint session of both houses, or via a referendum. The President of France can decide to bypass the referendum process and submit the bill directly to Parliament, where it must receive a three-fifths majority to pass.
Some notable amendments to the French Constitution include the 1962 referendum, which established a popularly-elected presidency. This amendment was proposed by Charles de Gaulle, who bypassed the standard amendment procedure by using Article 11 to send the amendment directly to a referendum. This procedure was criticised as Article 11 does not explicitly state that it can be used to revise the Constitution.
Another significant amendment occurred in 2008, with constitutional reforms championed by President Nicolas Sarkozy. These changes introduced a two-term limit for the presidency, gave Parliament more power over presidential appointments, and allowed the president to address Parliament in session.
The French constitutional history has been characterised by numerous changes and experiments with different political regimes since the French Revolution. The current Constitution upholds the principles of the separation of church and state, democracy, social welfare, and indivisibility, with core values of "liberty, equality, and fraternity".
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Historical context
France has had a long and complex constitutional history, with frequent changes and revisions since the French Revolution. The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958, and it has been amended 24 to 25 times since then, most recently in 2024. This constitution outlines core principles such as the separation of church and state, democracy, social welfare, and indivisibility.
Prior to the French Revolution, the Kingdom of France under the Ancien Régime was an absolute monarchy without a formal constitution. The monarchy relied on custom and certain fundamental laws, primarily related to the inheritance of the Crown, which even the monarch could not change without further consent. The Parlement of Paris, a judicial body with some legislative functions, was responsible for applying these fundamental laws and rarely modified them.
The Revolutionary Era witnessed several constitutions, including the Constitution of 1791, which established a parliamentary monarchy. This was followed by the Constitution of the Year I, which was never implemented, and subsequent constitutions in the years III, VIII, X, and XII, which brought about different forms of government, including the Directory, the Consulate, and the First Empire.
The 19th century saw additional constitutional changes, such as the Charter of 1814, which established the Bourbon Restoration, and the Charter of 1830, which led to the July Monarchy. In 1848, the Constitution of the Second Republic was adopted. The Constitution of the Third Republic was established in 1875, followed by the Constitution of the Fourth Republic in 1946, which was replaced by the current Constitution of the Fifth Republic in 1958.
Since its adoption, the Constitution of the Fifth Republic has undergone numerous amendments, with the most recent one occurring in 2024. These amendments have addressed various aspects of governance, including the relationship between the president and parliament, the election process, and the country's commitment to secularism and democracy.
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The future of the French constitution
The French Constitution has been rewritten many times since the French Revolution, with the country experimenting with a variety of political regime types. The current Constitution of the Fifth Republic, established in 1958, has been amended 24 to 25 times, most recently in 2024.
- The role of the president and the government: There have been proposals to introduce term limits for the presidency and to give Parliament more power over presidential appointments. The balance of power between the president and the prime minister, especially during periods of "cohabitation" when they are from different political parties, may also be re-examined.
- The relationship between the executive and legislative branches: The French Parliament has at times struggled to assert its authority over the executive branch. Future constitutional changes could aim to strengthen the role of Parliament, enhance its law-making powers, and increase its oversight of the government.
- Electoral reforms: There may be a push for further reforms to the electoral system, including the introduction of proportional representation or other measures to promote political diversity and reduce the risk of a single party dominating both the executive and legislative branches.
- Protection of fundamental rights and civil liberties: With the rise of new technologies and challenges such as terrorism, there may be a need to clarify and strengthen provisions related to privacy, freedom of expression, and other fundamental rights.
- European integration: As the European Union evolves, the French Constitution may need to be amended to accommodate changes in the relationship between France and the EU, including the transfer of certain powers and the adoption of EU laws and regulations.
- Social and economic issues: The Constitution may be used to address emerging social and economic issues, such as environmental protection, social welfare, and economic inequality. There may be a push to enshrine certain social and economic rights in the Constitution, guaranteeing them greater protection.
It is important to note that any future changes to the French Constitution would need to follow the amendment procedure outlined in Article 89, which requires approval from both houses of Parliament and either a referendum or a special joint session of Congress. The French people's inherent power of "constituent power", which allows them to bypass the existing constitution and adopt a new one, is a significant factor that could shape the future of the country's constitution.
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Frequently asked questions
The French Constitution has been rewritten 15 times since the French Revolution. The current constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958 and has been amended 24-25 times since.
The first French Constitution was the Constitution of 1791, which established a parliamentary monarchy.
The second French Constitution was the Constitution of the Year I, which was never implemented.
The third French Constitution was the Constitution of the Year III, which instituted the Directory.
The fourth French Constitution was the Constitution of 1814, also known as the Charter of 1814, which established the Bourbon Restoration.
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