French Constitutional Changes in Government Structure

Background to the Fifth Republic

Since 1792, France has had nearly 20 constitutions, of which only one - the Third Republic inaugurated in 1870 - lasted over 20 years. The current French constitution was adopted by referendum in 1958, replacing the constitution of the French Fourth Republic with that of the Fifth Republic. The Fourth Republic was plagued by a weak executive government and a fractionalized parliament, a combination that led to repeated changes in government. Government instability and a crisis in the French colony of Algiers led to calls for a restructuring of the French political system. The leader of the French resistance movement during WWII, General Charles de Gaulle, was asked to serve as prime minister with a mandate to develop a new constitution. The constitution written under de Gaulle's leadership created a strong president with substantial authority in legislative matters. A subsequent amendment to the constitution advocated by de Gaulle provided for the president to be directly elected. The amendment was passed in a 1962 referendum. The constitution also retained a parliamentary system in which a government is responsible to the legislature. The combination of a directly elected president with significant political authority and a parliamentary form of government created a hybrid political system referred to as a semi- presidential system.

In the two columns below, you can see the problems that gave France headaches under the Fourth Republic and what the Fifth Republic did to remedy those problems.

Problems of the Fourth Republic…	How those problems were fixed in the Fifth Republic…
• President is a figurehead and has no powers over Parliament or government.	• President has powers of dissolution of Parliament, decision of whether a constitutional amendment proposed by government to Parliament does not need approval by referendum, right to refer certain bills directly to the electorate, and emergency powers.
• Premier is weak, has few powers outlined in the constitution	• Constitution gives prime minister power to implement laws, oversee national defense, and make a number of important appointments. The leadership role of the prime minister is stressed as much as it is compatible with the position of president.
• Coalition governments are the norm, a result of the proliferation of parties brought about by proportional representation	• Proportional representation dropped in favor of a first-past-the-post system. Number of parties has diminished.
• Government, as well as Parliament, composed of career politicians who become embroiled in the daily turmoil of politics often to the detriment of progress	• Between ¼ and 1/3 of cabinet positions occupied by “technicians" - experts in a particular field, often with no experience in the government, so potentially above the political fray.
• Solidly parliamentary system with its fusion of the executive and legislative branches offers little independence to the executive to make decisions above the political fray. Ministerial crises often caused by ambitious parliamentarians seeking to move into government.	• Doctrine of incompatibility between function of minister and that of parliamentarian. If a member of Parliament becomes a minister, he/she must resign from Parliament.
• Order of business of the National Assembly decided by a 'Conference of Presidents" much like the Rule Committee in the U.S. House. The government had no vote on the order of the business that restricted the role of the executive to guide policy.	• Government has a major role in the organization of Parliamentary business through provisions in the constitution, which states that bills filed by government have priority on agenda of the Assembly and are sent automatically to a committee for review.
• Parliament can make law in any field, even to the point of invading decision-making areas of the government.	• Constitution distinguishes between types of laws in order to delineate law-making areas for government and Parliament: • Organic Laws must be passed by a strict procedure by Parliament then reviewed by the Constitutional Council. • Ordinances are laws passed by government (sort of like executive order in U.S.) when Parliament delegates its law- making capacity; must be ratified by Parliament.
• Parliamentary committees (and consequently- the chairs) are very powerful; bills sent to committee whether from Parliament or government become the committee's bills and were often amended to be virtually unrecognizable.	• Number of permanent committees is 6. Committees cannot substitute their own bills for the government's bill. Discussion must take place on the government's text.
• There is no closure of debate on the floor of the Assembly. Parliamentarians can present hundreds of amendments to bills in an attempt to slow their progress.	• During debate, government can ask the chamber to vote by a single vote (vote bloque) on the text of the bill, ending debate quickly.
• Finance bills are often delayed by Parliament.	• Parliament has 70 days to discuss and decide on a budget. If it does not, government can promulgate it by ordinance.
• Frequent deadlocks in agreeing on common text of bills between National Assembly and Senate	• Government can end a deadlock between National Assembly and Senate by asking the. N.A. to “read” bill again. If still in disagreement, then the N.A. votes again and decision is final. Senate cannot block governmental legislation.
• Parliament can censure the government at will. This causes government instability as parties undisciplined	• An absolute majority needed to censure the government, but only those voting against the government will have votes recorded. Thus, those who abstain are counted for government, which greatly reduces the likelihood that the motion will pass.
• Courts had no power to review legislation for constitutionality	• Constitutional Council has power of judicial review at the request of the government or one of the houses of Parliament.

**An artist's representation of "Marianne" the symbol of liberty and democracy which was adopted during the French Revolution and reappeared throughout 19th century France.