Jonah Patel
France's current constitution, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958. This constitution replaced the Constitution of the Fourth Republic of 1946. The Fifth Republic's constitution was drafted by Michel Debré and introduced by Charles de Gaulle, France's first president under this constitution. Interestingly, this is not the first time France has adopted a new constitution. In fact, the Constitution of 1791, drafted by the National Assembly, was France's first attempt at a national constitution. This constitution was reluctantly accepted by King Louis XVI and proved unworkable when the king used his veto powers to protect non-juring priests. Following this, France's Constitutional History includes the establishment of the Second Republic in 1848, the Second Empire in 1852, and the Third Republic in 1875.
| Characteristics | Values |
|---|---|
| Date of adoption | 1875 |
| Type of government | Republic |
| Legislature | Two-house legislature with an indirectly elected Senate and a Chamber of Deputies |
| Executive | Council of Ministers (cabinet) responsible to the Chamber |
| Head of state | President, elected for seven years by the two houses |
| Powers of the head of state | Resembled those of a constitutional monarch |
| Political factions | Radicals, Opportunists, Monarchists |
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What You'll Learn
The French Constitution of 1791
The constitution was not egalitarian by today's standards. It drew a distinction between propertied active citizens and poorer passive citizens. Women lacked rights and liberties such as education, freedom of speech, writing, printing, and worship. The Assembly, as the framers of the constitution, decided to allow the king a suspensive veto to balance out the interests of the people. This weakened the king's executive authority.
The main controversies surrounding the constitution early on were the level of power to be granted to the king and the form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated 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.
The constitution was reluctantly accepted by King Louis XVI in September 1791. It abolished many institutions that were considered injurious to liberty and equality of rights. 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 was the legislative body, the king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches.
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The National Assembly
The French Constitution of 1791 was the first attempt at a national constitution in France. It was drafted by the National Assembly and adopted on 3 September 1791. The National Assembly was both a legislature and a constitutional convention, and its primary objective was to draft a constitution.
The Assembly included representatives from the first, second, and third estates. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a single house. The Committee also proposed an absolute veto for the king, but this was also defeated, and a suspensive veto was adopted instead. The Assembly wanted to retain the king, but as a constitutional monarch, with his executive power subordinate to the law and the public good.
The constitution was reluctantly accepted by King Louis XVI in September 1791. However, it proved unworkable when the king used his veto powers to protect non-juring priests and refused to raise militias in defence of the revolutionary government. The constitution was effectively ended by the 10 August insurrection, and a National Convention was called, declaring France a republic on 22 September 1792.
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.
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The Declaration of the Rights of Man and of the Citizen
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958. It replaced the Constitution of the Fourth Republic of 1946.
Now, here is some detailed information about the Declaration of the Rights of Man and of the Citizen:
The Declaration offered sweeping generalizations about rights, liberty, and sovereignty, and it was the first step toward writing a constitution for France. It was inspired by the American Declaration of Independence in 1776 and heavily influenced by the political philosophy of the Enlightenment and human rights. The declaration asserted the principles of popular sovereignty and social equality among citizens, stating that "all citizens, being equal in the eyes of the law, are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents." It called for the destruction of aristocratic privileges, proclaiming an end to feudalism, exemptions from taxation, and special rights for the nobility and clergy.
The declaration also included freedom of speech and press, with arbitrary arrests outlawed. It stated that "liberty consists in being able to do anything that does not harm others," and that citizens have the right to participate in the legislative process. Additionally, it proclaimed that all men are born free and equal in rights, and that social distinctions may be based only on the general good.
The Declaration of the Rights of Man and Citizen of 1793 was written but never formally adopted. It expanded on the concepts of the previous declaration, drawing from the philosophical and political duties of the Enlightenment, such as individualism and the social contract.
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The Constitutional Committee
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly began the process of drafting the constitution following the Tennis Court Oath, with the Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, forming the preamble.
A twelve-member Constitutional Committee was convened on 14 July 1789 (the same day as the Storming of the Bastille) to draft the articles of the constitution. The original committee included two members from the First Estate (Champion de Cicé, Archbishop of Bordeaux and Talleyrand, Bishop of Autun), two from the Second (the Comte de Clermont-Tonnerre and the Marquis de Lally-Tollendal), and four from the Third (Jean Joseph Mounier, Abbé Sieyès, Nicholas Bergasse, and Isaac René Guy le Chapelier).
The main controversies at the time surrounded the level of power to be granted to the king and the form the legislature would take. The Constitutional Committee proposed a bicameral legislature and an absolute veto for the king, but these motions were defeated in favour of a unicameral legislature and a suspensive veto.
A second Constitutional Committee was quickly formed, including Talleyrand, Abbé Sieyès, and Le Chapelier from the original group, as well as new members Gui-Jean-Baptiste Target, Jacques Guillaume Thouret, Jean-Nicolas Démeunier, François Denis Tronchet, and Jean-Paul Rabaut Saint-Étienne, all of the Third Estate. This committee faced controversy over the issue of citizenship and the distinction between active and passive citizens.
In September 1790, a second body, the Committee of Revisions, was formed, including Antoine Barnave, Adrien Duport, and Charles de Lameth. This committee was important in preserving powers for the Crown after the Champs de Mars Massacre. The constitution was eventually accepted by King Louis XVI in September 1791, but the constitutional monarchy proved unworkable, and it was effectively ended by the 10 August insurrection.
In 1946, a Constitutional Committee was established, with the authority to declare a bill contrary to the Constitution. However, its powers were limited, and it could only be convened if appealed to by both the French president and a majority of the Council of the Republic.
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The Fifth Republic
France's current constitution, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958. It replaced the Constitution of the Fourth Republic of 1946, except for the preamble per a 1971 decision of the Constitutional Council. The constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. The text was drafted by Michel Debré, with Charles de Gaulle, the first president of the Fifth Republic, as the main driving force behind its introduction.
The Constitution of the Fifth Republic strengthened de Gaulle's powers as head of state at the expense of parliament and the judiciary. It also draws inspiration from the first French Constitution and incorporates the Declaration of the Rights of Man and of the Citizen through a reference in its preamble. The Fifth Republic has a semi-presidential system, with the president elected by universal suffrage for a five-year term (shortened from seven years in 2000), serving no more than two consecutive terms. The president may be impeached by Parliament sitting as the High Court for "a breach of his duties patently incompatible with his continuing in office".
The prime minister, who is the executive branch's liaison with the parliament, has the power to make legislation. Additionally, the Parliament can temporarily delegate its constitutional law-making power to the government through a loi d'habilitation ("enabling law"). The Constitution also sets out methods for its own amendment, which can be done through a referendum or a parliamentary process with presidential consent. Amendments 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.
Since its adoption, the Constitution of the Fifth Republic has been amended twenty-five times, including significant changes in 2008 and 2024. The 2008 reforms introduced a two-term limit for the presidency, gave Parliament more powers, and ended the president's right of collective pardon.
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Frequently asked questions
The third constitution of France, also known as the Constitution of the Third Republic, was adopted in 1875.
The Constitution of the Third Republic established a two-house legislature, a Council of Ministers (cabinet), and a president, elected for seven years, with powers resembling those of a constitutional monarch.
The Constitution of the Third Republic was a compromise between monarchists and republicans, with the monarchists believing that the system could be easily converted to their purposes once a monarch was in place. There was also friction between the first Chamber of Deputies, elected in 1876, and President Mac-Mahon, leading to a crisis and deadlock in May 1877.
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