France's Constitution: Written Or Unwritten?

France has had a long constitutional history, with the country witnessing 15 constitutions since the first written constitution of 1791. The current Constitution of France, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958, and has been amended 24 times, most recently in 2008. This raises the question: Is France's constitution written or unwritten?

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The French Constitution of 1791 was the first written constitution in France

The French Constitution of 1791, or the "Constitution française du 3 septembre 1791", was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime, with one of the basic precepts of the French Revolution being the adoption of constitutionality and the establishment of popular sovereignty.

Following the Tennis Court Oath, the National Assembly began the process of drafting a constitution as its primary objective. The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution adopted on 3 September 1791. The Declaration offered sweeping generalizations about rights, liberty, and sovereignty. A twelve-member Constitutional Committee was convened on 14 July 1789 to draft the articles of the constitution. The committee included two members from the First Estate, with the rest being members of the nobility, many of whom would later face execution.

The main controversies faced by the committee included the level of power to be granted to the king of France and the form of the legislature. The Constitutional Committee proposed a bicameral legislature, but the motion was defeated on 10 September 1789 in favour of a unicameral system. The committee also proposed an absolute veto for the king, but this was defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures. Another controversy surrounded the issue of citizenship and whether every subject of the French Crown would be given equal rights. A distinction was eventually held between "active citizens", who had political rights, and "passive citizens", who had only civil rights.

After long negotiations, the constitution was reluctantly accepted by King Louis XVI in September 1791. It redefined the organisation of the French government, citizenship, and the limits of governmental power. The National Assembly asserted its legal presence in the French government by establishing its permanence in the Constitution and forming a system for recurring elections. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers. The National Assembly formed the legislative body, the king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches.

The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958

The French Constitution of 1958 outlines the country's commitment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789. This includes the right to freedom of association, which was reinforced by the Constitutional Court's decision in 1971. The 1958 Constitution also references the Preamble to the 1946 Constitution and the Charter for the Environment of 2004, which outline additional rights and duties.

One of the unique aspects of the Fifth Republic is the power-sharing structure between the legislative and executive branches. Article 21 grants the prime minister the power to make legislation, while Article 38 allows for the temporary delegation of legislative power from Parliament to the government in urgent situations. This power dynamic shifted the balance towards a more powerful executive and a weaker parliament, an idea championed by Charles de Gaulle during the Algerian crisis in the 1950s.

In addition to its domestic focus, the French Constitution of 1958 also addresses France's role in the international arena. It outlines the country's participation in the European Union and the transfer of powers to the European Economic and Monetary Union. The Constitution also empowers the Republic to grant asylum to foreigners who are persecuted for their actions in pursuit of freedom. These provisions demonstrate France's commitment to international cooperation and human rights.

The French Constitution of 1958 has been amended 24 times, most recently in 2008

The French Constitution of 1958, also known as the Constitution of the Fifth Republic, is the fifteenth in the country's long constitutional history. It was adopted on 4 October 1958 and has been amended 24 times since, most recently on 23 July 2008.

The 1958 Constitution was written by Charles de Gaulle, a private citizen at the time, who was invited to form a new government in 1958. De Gaulle's ideas for a more powerful executive and a weaker parliament were incorporated into the Constitution. This was a response to the crisis in Algeria, which the parliament was unable to deal with due to infighting between numerous small political parties.

The Constitution of 1958 outlines a power-sharing arrangement between the legislative and executive branches of the government. While the legislative power rests with the Parliament, the executive branch, led by the prime minister, has the power to make legislation and can also temporarily assume legislative powers in urgent situations. This is a unique feature of the Fifth Republic.

The process of amending the French Constitution involves the consideration of Government and Private Members' Bills. These Bills must be passed by both Houses of Parliament in identical terms and approved by referendum. However, a Government Bill can be approved without a referendum if it is passed by a three-fifths majority in Parliament. The integrity of national territory and the republican form of government cannot be amended.

The French Constitution of 1958, with its amendments, continues to shape the country's political system and governance, ensuring a balance of powers and protecting fundamental rights and principles.

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The French Constitution establishes a power-sharing agreement between the parliament and the executive branch

The French Constitution is a written constitution, with the current version being adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic. The French Constitution establishes a power-sharing agreement between the parliament and the executive branch.

The Constitution outlines the election of the president and the parliament, the selection of the government, and the powers and relationships between them. It also ensures judicial authority and creates a High Court, a Constitutional Council, and an Economic and Social Council. The Constitution establishes a shared law-making power between the legislative branch and the executive branch, headed by the president and the prime minister. The prime minister is the executive branch's liaison with the parliament, as stated in Article 49.

The French Parliament, as a legislative body, should not be confused with the various parlements of the Ancien Régime, which were regional appeals courts with certain administrative functions. The modern meaning of the term "Parliament" appeared in France in the 19th century during the constitutional monarchy of 1830–1848. The Constitution of the Fourth Republic in 1946 was the first to make reference to the "Parliament". The current Parliament is composed of two chambers: the Senate and the National Assembly, with 349 and 577 members respectively.

The legislative power-sharing between the parliament and the executive branch is defined in Articles 21 and 38 of the Constitution. According to Article 21, the prime minister has the power to make legislation. Article 38 states that the Parliament can temporarily delegate a portion of its constitutional law-making power to the government by passing an enabling law of legislative delegation called a loi d'habilitation. This allows the government to draw up ordonnances that are normally beyond their remit, and these must be ratified by Parliament before they expire. In practice, about a third of such lois d'habilitation have been ratified by Parliament.

The Fifth Republic introduced a unique aspect to the Constitution, with Article 21, where the prime minister has the power to make legislation. This was a response to the crisis in Algeria in the 1950s, which the parliament was unable to deal with due to infighting between numerous small political parties. Charles de Gaulle proposed a more powerful executive and a weaker parliament, and his ideas were incorporated into the Constitution of the Fifth Republic.

The French Constitution guarantees the equality of all citizens before the law, regardless of origin, race, or religion

France has had a long constitutional history, with the country's first written constitution being established on September 3, 1791. This constitution was created after the collapse of the absolute monarchy of the Ancien Régime, with one of the basic precepts being the adoption of constitutionality and the establishment of popular sovereignty. The French Constitution of 1791 was preceded by the Declaration of the Rights of Man and of the Citizen, which was adopted on August 26, 1789, and became the preamble of the constitution.

The current Constitution of France, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958, and has been amended 24 times, most recently in 2008. This constitution guarantees the equality of all citizens before the law, regardless of origin, race, or religion. This commitment to equality is a fundamental principle of the French Republic, which is defined as indivisible, secular, democratic, and social.

The French Constitution of 1958 includes several unique aspects, such as power-sharing between the executive and legislative branches, and the ability of the Parliament to temporarily delegate its law-making power to the government in specific situations. The Constitution also empowers the Republic's authorities to grant asylum to foreigners who are persecuted for their actions in pursuit of freedom.

The French Constitution, along with the Declaration of the Rights of Man and of the Citizen, and the Charter for the Environment, form the basis of France's commitment to liberty, equality, and fraternity. These documents have shaped the country's political and legal landscape, ensuring that all citizens are treated equally under the law, regardless of their background or beliefs.

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