French political system

Introduction
Type of system: unitary
Head of state: president
Head of govt: pm
System of governance: hybrid presidential-parliamentary system
- Strong executive → parliament does not have upper hand as in preceding Republics

Historical development
Fourth republic 1946
- Built out of the ruins of the world war 2
Fifth republic
- Republican system of govt
- Launched by Charles De Gaulle
- Created in 1958
After the french revolution
- Three further revolutions
- Two coups
- Three wars
- During this time, adopted and rejected more than a dozen constitutions
- Also governed by provisional systems eg 1848 and 1817
- Hence has passed through many phases and tried many experiments
According to James Bryce: France is unique in two aspects:
1. Adopted democracy swiftly but long and gradual for the us and for england
2. This is not done because democracy seen as a remedy for problems but because of
general and abstract principles
The democratic and authoritarian tendencies in france indispensable background for proper
appreciation of the present political system

Formation of the 5th Republic

4th Republic came to an end 1958
Causes for 4th’s failure
- government unable to meet the challenges especially the algerian crisis
- president Rene Cory told national assembly he would resign if government led by
Charles De gaulle not formed
- national assembly submitted
Development of 5th republic
- handed power to him for 6 months → obtained dictatorial powers → including
constitution making
- Took away existing power from the Assembly → constitutional changes through
referendum without going to Parliament
Proposed changes by Charles De Gaulle:
 1. Separation of powers
2. National mediation
3. legislation and budget making w/ national assembly powers → will be directly elected on
the basis of universal suffrage
4. second assembly elected to review the decisions of the first → suggest amendments
and propose bills
5. executive power should not be vested in the parliament
6. Pres to have exec power → elected by a college
→ submitted to the people through a referendum and with the majority vote ratified 1958
Major changes:
- Strong centralized executive
- Establishment of a ‘rationalized’ parliament (limited pol and leg powers)

President

Election of president
Directly elected by direct voting 50%+1 votes

President qualification:
I)president must be born citizen of france
Ii) age 35 years
Iii) he must not hold any other govt. Office
Iv) president term is 05 years

Powers
i) president can summon and prorogue session of parliament
Ii) he sign the bill to make it law and if he rejects with observation parliament will approve
again with 2/3 majority and if again rejects then he will contest referendum
Iii) president can dissolve parliament in consultation with p.M.
- Cannot dissolve it twice in the same yr
Iv) president can choose his cabinet on advice of p.M.
V)1/3rd of judges appointment president can do
Vi) diplomatic and military powers
vii) can call for a direct referedum → exclusive power concerning:
1. Public authorities organisation
2. approving agreements with the community
3. ratification of a Treaty which would affect state institutions

Impeachment
- President can be impeached by french parliament
- Or 09 members of judicial court.

System of governance
Parliament
Senate + na
Nature
- Bicameral national assembly directly elected
- Senate indirectly elected
Limits to power as per the 5th Rep
- rationalize parliament
- only two sessions of the NA the Senate
- legislate only on the matters defined in the constitution
- Parliament to delegate law making power to the executive
- it is a government not the Parliament which fixes the order of the business
- cannot establish its own standing orders

Senate
Upper house is called french senate
I) 100 member with 06 year period
Ii) age 30 yrs
iii) Represent the territorial entities of the Republic
Powers
- fifth Republic increased the powers of the Senate
- it can veto NA legislation in alliance w/ The president

National assembly
Basics
i) 577 members
Ii) 05 year term
Iii) 23 year minimum age of legislature
Powers
i)law making repealing and amendment
Ii) finance bill must always be introduced by national assembly, senate will not refuse it.
Iii) war declaration
Iv) 1/3rd members of constitutional court and 1/3rd of high court judges are appointed by
na

Constitution
Introduction

Salient features
Written constitution
- 92 articles
Republican traditions
- Preamble: Declaration of the Rights of Man 1789
- “Liberty, equality, fraternity”
Separation of powers
- a political head of state with strong executive powers
- Prime Minister points in this message his colleague directshow policies of the
government responsible to the national assembly
- national assembly right to Century and overthrow the cabinet and Prime Minister
- judiciary independent
- president broad powers serious limitations to the parliament
- legislative and executive powers clearly separated

Legislation process
Bill into law
- Parliament will pass bill by 2/3rd majority
- Then will send it to president for approval
- If president doesn’t approve with some observation
- Na will again pass with 2/3
- If again, president doesn’t pass this bill, it will go to public for referendum.

Judiciary
Introduction
Judiciary is appointed by:
- President
- Senate
- National assembly