Eleanor Finch
The French Constitution, currently in its Fifth Republic, has been amended 24 to 25 times since its adoption on 4 October 1958, most recently in 2024. The normal procedure for amending the constitution involves the proposal of a constitutional bill, which must be approved by both houses of Parliament. Following this, the bill must be approved by Congress, a joint session of both houses, by a three-fifths supermajority, or submitted to a referendum. Notable amendments include the 2000 bill, which limited the term of French presidents to five years, and the 2008 reforms, which introduced a consecutive two-term limit for the presidency and gave Parliament more powers.
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What You'll Learn
Amendments must be approved by both houses of Parliament
The French Constitution has a detailed procedure for amendments. One of the most important steps in the process is that any proposed amendment must be approved by both houses of Parliament. This is a crucial step to ensure that any changes to the nation's fundamental laws are carefully considered and agreed upon by representatives of the people from both chambers.
The French Parliament consists of two houses: the National Assembly and the Senate. When a constitutional amendment is proposed, it must be adopted in identical terms by both chambers. This means that the exact same wording of the amendment must be approved by a majority of members in each house. This step ensures that both houses are in agreement and that the amendment has broad support within the Parliament.
The process of approving an amendment in both houses involves extensive debate and scrutiny. Members of Parliament carefully examine the proposed changes, considering their potential impact on the country's laws, values, and governance. Committees may be formed to review specific aspects of the amendment, and experts may be consulted to provide additional insights and perspectives.
Once an amendment has been approved by both houses of Parliament, it moves to the next stage of the amendment process. This stage involves either submitting the amendment to a referendum or presenting it to Congress, a joint session of both houses of Parliament. The choice between these two paths depends on decisions made by the President of the Republic.
The requirement for approval by both houses of Parliament serves as a critical check and balance in the French constitutional amendment process. It ensures that any changes to the Constitution reflect the consensus of the country's elected representatives, thereby safeguarding the interests of the French people and maintaining the integrity of the nation's foundational laws.
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Amendments can be approved by a referendum majority
Amendments to the French Constitution can be approved by a referendum majority. The normal procedure for constitutional amendment is that the amendment must be adopted in identical terms by both houses of parliament. Then, the amendment must be approved 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 (Article 89).
The French President can decide to bypass the referendum process and submit the proposed amendment directly to parliament, which must then be approved by a three-fifths majority. This was the case in 1962, when Charles de Gaulle proposed that the president be elected by direct suffrage. He did so by directly sending a constitutional amendment to a referendum (Article 11).
The referendum process has been used multiple times in French history to approve amendments. For example, in 1969, a referendum rejected a bill on the creation of the regions and the renovation of the Senate, which caused Charles de Gaulle to resign. In 2000, a referendum approved a constitutional amendment limiting the term of French presidents to five years.
The referendum process allows for direct citizen participation in the amendment process, bypassing the parliament in certain cases. It is an essential tool for ensuring that the French Constitution reflects the will of the people and can be amended when necessary.
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Amendments can be approved by a three-fifths majority in Congress
The French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958 and has been amended 24 to 25 times since then, most recently in 2024. The normal procedure for amending the French Constitution is as follows: a constitutional bill must first be approved by both houses of Parliament in identical terms. Following this, the bill must be approved by Congress, a joint session of both houses of Parliament, by a three-fifths supermajority, or submitted to a referendum. This process is outlined in Article 89 of the French Constitution.
The French President can choose to bypass the referendum process and submit the proposed constitutional amendment directly to Parliament, convened in Congress. In this case, the amendment must be approved by a three-fifths majority in Congress. This alternative route to amending the Constitution was taken in 1962 by Charles de Gaulle, who proposed that the president be elected by direct suffrage.
The French Parliament, convened in Congress, has successfully amended the Constitution with a three-fifths majority vote on several occasions. For example, on 21 July 2008, Parliament passed constitutional reforms championed by President Nicolas Sarkozy by a margin of two votes. These reforms introduced a consecutive two-term limit for the presidency, gave Parliament a veto over some presidential appointments, and made various other changes.
Another notable instance of a successful constitutional amendment by a three-fifths majority vote in Congress occurred on 4 March 2024, when Parliament amended Article 34, guaranteeing the right to abortion and describing abortion as a "guaranteed freedom". This amendment made France the only nation to explicitly guarantee this right in its Constitution.
It is important to note that there are restrictions on the amendment process. For example, no revision procedure can jeopardize the integrity of the national territory or the republican form of government.
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The President can propose constitutional revisions
The French Constitution established a semi-presidential system of government, with two competing readings. In one reading, the executive branch has both a president of the republic and a prime minister. The President of France can propose constitutional revisions on the recommendation of the French Prime Minister and members of the French Parliament. The project or the proposed revision should be passed by both houses with identical terms. The review is finalised after being approved by referendum. However, the proposed revision is not submitted to a referendum if the President of the Republic decides to submit it to Parliament, convened in Congress; in this case, the proposed revision is approved only if it receives three-fifths majority of the votes cast.
The President can also call a referendum so that citizens can decide on bills "concerning the organisation of public authorities, on reforms relating to the nation's economic, social or environmental policy and to the public services that contribute to it," or to "authorise the ratification of a treaty which, although not contrary to the Constitution, would affect the functioning of institutions." For example, the Maastricht Treaty was ratified in this way in 1992, and the Treaty establishing a Constitution for Europe was rejected in 2005.
The President may also submit a Private Members' Bill to a referendum if it has not been considered by the two Houses within a set period. If the outcome of the referendum is favourable to the Bill, the President of the Republic shall promulgate the resulting statute within 15 days.
In 1962, Charles de Gaulle proposed that the president be elected by direct suffrage. He bypassed the amendment procedure by directly sending a constitutional amendment to referendum (article 11). This article was used for constitutional changes for the second and final time in 1969, but the vote did not pass, causing Charles de Gaulle to resign from the presidency.
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The Constitution has been amended 24-25 times since 1958
The French Constitution of the Fifth Republic has been revised 24 to 25 times since 1958. The process of amending the constitution is initiated by the President of France, upon a proposal by the French Prime Minister and members of the French Parliament. 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 (Article 89).
In 1962, Charles de Gaulle proposed that the president be elected by direct suffrage, bypassing the amendment procedure by directly sending a constitutional amendment to a referendum (Article 11). In 1969, de Gaulle had a bill on the creation of the regions and the renovation of the Senate, which was adopted by both houses but rejected in a referendum, leading to his resignation. In 1974, Valéry Giscard d'Estaing sought to amend Article 25 of the Constitution to address the rules of dual office-holding between a parliamentary office and government functions. The project was approved by both chambers, but the president did not pursue it further.
In 1984, François Mitterrand attempted to expand the scope of the referendum from Article 11 to extend basic civil liberties guarantees. The bill passed the National Assembly but was rejected by the Senate. On 24 September 2000, a referendum resulted in a 73% "yes" vote to limit the term of French presidents to five years. On 21 July 2008, Parliament passed constitutional reforms championed by President Nicolas Sarkozy by a margin of two votes, introducing a consecutive two-term limit for the presidency, giving Parliament a veto over some presidential appointments, and ending the president's right of collective pardon. The most recent amendment occurred on 4 March 2024, when Parliament amended Article 34, guaranteeing the right to abortion and describing it as a "guaranteed freedom."
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Frequently asked questions
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 President of France can propose constitutional amendments, but the proposal must be adopted by both houses of parliament and then approved by referendum or by a three-fifths supermajority of the French Congress.
Yes, in 1962, Charles de Gaulle proposed that the president be elected by direct suffrage and bypassed the amendment procedure by sending the amendment directly to a referendum. The referendum passed with a majority "yes" vote.
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