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French Fifth Republic

 
Political Dictionary: French Fifth Republic

The Fifth Republic was formed in response to a military rebellion in Algeria, in May 1958, which was directed more against the policies of the government in Paris than against the regime. Facing a protracted nationalist insurrection across the Mediterranean, the army wanted guarantees that Algeria would remain French, while opinion in France favoured a negotiated peace. The Fourth Republic could no longer command respect or authority and a crisis was avoided only by the appointment of General de Gaulle as Premier, on the understanding he would present a new constitution to the electorate for approval. The constitution of the Fifth Republic provided for a strong President whose powers, however, were shared with a Prime Minister answerable to a majority in the National Assembly. In accordance with de Gaulle's long-held views, Parliament was confined within a strictly legislative role with its jealously guarded sovereignty heavily circumscribed, while the government retained the initiative throughout the legislative process. The constitution was nevertheless ambivalent about the role of the President in the new system, and vague about his relationship with the Prime Minister and the government. The President appointed (and could presumably remove) the Prime Minister, and de Gaulle soon indicated that foreign affairs, defence, and Algeria were his own ‘reserved domain’. Moreover, the end of the Algerian war 1962 saw a clear shift towards presidential rule, with the President no longer chosen by electoral college but elected directly by popular vote.

In many respects the system was actually less presidential under de Gaulle (1958-69) than under his successors, if only because of the General's reluctance to involve himself in routine administration and domestic policy-making, which he entrusted to his Prime Ministers, who, in turn, commanded the support of the parliamentary majority. Later Presidents have intervened much more extensively. Presidential power was most in evidence from 1981 to 1986, when François Mitterrand, former leader of the Socialist Party, enjoyed unquestioning support from his lieutenants in the government, as well as commanding a disciplined Socialist majority in the National Assembly. Nevertheless, while the scope for presidential intervention has increased considerably and the office has become ever more personalized, there are obvious limits to executive discretion in a country with entrenched liberal traditions and powerful autonomous institutions. Even before 1986 and cohabitation, Mitterrand had come increasingly to delegate responsibilities to the Prime Minister and the government and that trend has since continued. The wide-ranging emergency powers conferred on the President by Article 16 of the constitution were used only once, by de Gaulle. The provision for popular consultation by referendum was invaluable while the Algerian war lasted but has since proved a two-edged weapon. De Gaulle was forced to resign after the defeat of the 1969 referendum on regional powers, while the 1992 referendum on the Maastricht treaty produced a narrow majority in favour but at the cost of revealing the extent of the country's divisions on the issue.

Unlike its predecessors, the Fifth Republic has provided governmental stability and continuity of policy, notwithstanding the student and labour unrest in May 1968, the strains of cohabitation, and the economic problems of the 1970s. While the popularity of political leaders and governments has fluctuated widely, France's present institutions have enjoyed a legitimacy unprecedented since the Revolution. The domestic consensus on foreign policy, forged by de Gaulle, survives to the present, with remarkably few modifications. There is little sign of the immobilisme associated with the two previous regimes as governments have moved to tackle some of the country's most intractable problems. The Fifth Republic has seen the consolidation and completion of the Common Market, the modernization of French agriculture, industrial reform and economic liberalization, administrative decentralization, and significant changes in the educational system.

The Fifth Republic has also seen the smooth transfer of power from right to left and vice versa, along with a growing convergence of views about economic policy. This followed an abrupt change in Socialist thinking after 1982, with broad acceptance of free-market principles in place of the earlier emphasis on state control. The collapse of Communist support in the country also contributed to the climate of consensus and stability despite the increasing salience of new issues such as immigration, race, and environment. The traditional dividing line between left and right, so long a feature of the French electoral landscape, has weakened, and there is no obvious new line of demarcation.

The sudden eclipse of the Communists, the traditional party of protest, and the rapid rise of issue movements as dissimilar as the National Front and the Greens, has added to the sense of disorientation shared by party supporters and voters alike across the political spectrum. However, the Fifth Republic's malaise bears no comparison with the periodic crises of the Third and Fourth Republics.

— Ian Campbell

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Diagram showing the relationships between institutions of the Fifth Republic

The Fifth Republic is the fifth and current republican constitution of France, which was introduced on 5 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing a parliamentary government with a semi-presidential system. It is France's third longest enduring regime, after the Ancien Regime and the third Republic

Contents

Origins

The trigger for the collapse of the French Fourth Republic was the Algiers crisis of 1958. France was still a colonial power, although conflict and revolt had begun the process of decolonization. French West Africa, French Indochina, and French Algeria still sent representatives to the French parliament under systems of limited suffrage in the French Union. Algeria in particular, despite being the colony with the largest French population, saw rising pressure for separation from the Metropole. The situation was complicated by those in Algeria, such as white settlers, who wanted to stay part of France, so the Algerian War became not just a separatist movement but had elements of a civil war. Further complications came when a section of the French army rebelled and openly backed the "Algérie française" movement to defeat separation. Charles de Gaulle, who had retired from politics a decade before, placed himself in the midst of the crisis, calling on the nation to suspend the government and create a constitutional system. De Gaulle was carried to power by the inability of the parliament to choose a government, popular protest, and the last parliament of the Fourth Republic voting for their dissolution and the convening of a constitutional convention. De Gaulle condemned militant attacks committed in both Algeria and mainland France but angered the rebel section of the army and "Algérie française" supporters, including the latter-day National Front leader Jean-Marie Le Pen, by arranging a peace with the nationalist rebels. Algeria became independent on 5 July 1962.

The Fourth Republic suffered from little political consensus, a weak executive, and governments forming and falling in quick succession since the Second World War. With no party or coalition able to sustain a parliamentary majority, Prime Ministers found themselves unable to risk their political position with unpopular reforms. De Gaulle and his supporters proposed a system of strong executive presidents elected for seven-year terms. The President under the proposed constitution would have executive powers to run the country in consultation with a prime minister whom he would appoint. On 1 June 1958, Charles de Gaulle was appointed head of the government;[1] on 3 June 1958, a constitutional law empowered the new government to draft a new constitution[2], and another law granted Charles de Gaulle and his cabinet the power to rule by decree for up to 6 months, except on certain matters related to the basic rights of citizens (criminal law, etc.).[3] These plans were approved by 79.2%[dubious ] of those who voted in the referendum of 28 September 1958.[4] The new constitution was signed into law on 4 October 1958.[5] Since each new constitution establishes a new republic, France moved from the Fourth to the Fifth Republic.

The new constitution contained transitional clauses (articles 90-92) extending the period of rule by decree until the new institutions were operating. René Coty stayed president of the Republic until the new president was proclaimed. On 21 December 1958 Charles de Gaulle was elected President of France by an electoral college.[6] The provisional constitutional commission, acting in lieu of the Constitutional Council, proclaimed the results of the election on 9 January 1959. The new president began his office on that date, appointing Michel Debré as prime minister.

Evolution

The president was initially elected by an electoral college, but in 1962 de Gaulle proposed that the president should be directly elected by the citizens in a referendum. Although the method and intents of de Gaulle in that referendum were contested by most political groups except for the Gaullists, the change was approved by the French electorate.[7] The Constitutional Council declined to rule on the constitutionality of the referendum.[8]

The president is now elected every five years, changed from seven by a constitutional referendum in 2000, to reduce the probability of cohabitation due to former differences in the length of terms for the National Assembly and Presidency. The first round is open to all candidates and will establish a president if any candidate gets an overall majority. If there is no winner in the first round, the two candidates with the greatest number of votes go to a second round.

Two major changes occurred in the 1970s regarding constitutional checks and balances. [9] Traditionally, France operated according to parliamentary supremacy: no authority was empowered to rule on whether statutes passed by Parliament respected the constitutional rights of the citizens.[10] In 1971, the Constitutional Council, arguing that the preamble of the Constitution referenced the rights defined in the 1789 Declaration of the Rights of Man and of the Citizen and the preamble of the 1946 Constitution, concluded that statutes must respect these rights and declared partially unconstitutional a statute because it violated freedom of association.[11] However, only the President of the Republic, the Prime Minister, and the President of each house of Parliament could ask for a constitutional review before a statute was signed into law, which greatly hindered efforts to get such a review if all these personalities happened to be from the same political side, which was the case at the time. In 1974, a constitutional amendment widened this possibility to 60 members of the National Assembly or 60 members of the Senate.[12] From that date, the opposition has been able to have controversial new statutes examined for constitutionality.[13]

Fifth Republic: Presidents

Gaullists are in blue, socialists in red, centrists in clear blue.

President Lived from to Party
Charles de Gaulle 1890–1970 8 January 1959 28 April 1969 (resigned) UNR then UDR
Alain Poher 1909–1996 28 April 1969 15 June 1969 (interim) PDM
Georges Pompidou 1911–1974 15 June 1969 2 April 1974 (died in office) UDR
Alain Poher 1909–1996 2 April 1974 19 May 1974 (interim) PDM
Valéry Giscard d'Estaing 1926– 19 May 1974 10 May 1981 UDF
François Mitterrand 1916–1996 10 May 1981 17 May 1995 Socialist
Jacques Chirac 1932– 17 May 1995 16 May 2007 RPR then UMP
Nicolas Sarkozy 1955– 16 May 2007 Incumbent UMP

Fifth Republic: Prime ministers

Prime Ministers

Name Term start Term end Political Party
Michel Debré 8 January 1959 14 April 1962 Union for the New Republic
Georges Pompidou 14 April 1962 10 July 1968 Union for the New Republic
Maurice Couve de Murville 10 July 1968 20 June 1969 Union of Democrats for the Republic
Jacques Chaban-Delmas 20 June 1969 5 April 1973 Union of Democrats for the Republic
Pierre Messmer 5 April 1973 27 May 1974 Union of Democrats for the Republic
Jacques Chirac (1st time) 27 May 1974 26 August 1976 Union of Democrats for the Republic
Raymond Barre 26 August 1976 21 May 1981 Union for French Democracy
Pierre Mauroy 21 May 1981 17 July 1984 Socialist Party
Laurent Fabius 17 July 1984 20 March 1986 Socialist Party
Jacques Chirac (2nd time) 20 March 1986 10 May 1988 Rally for the Republic
Michel Rocard 10 May 1988 15 May 1991 Socialist Party
Édith Cresson 15 May 1991 2 April 1992 Socialist Party
Pierre Bérégovoy 2 April 1992 29 March 1993 Socialist Party
Édouard Balladur 29 March 1993 18 May 1995 Rally for the Republic
Alain Juppé 18 May 1995 3 June 1997 Rally for the Republic
Lionel Jospin 3 June 1997 6 May 2002 Socialist Party
Jean-Pierre Raffarin 6 May 2002 31 May 2005 Union for a Popular Movement
Dominique de Villepin 31 May 2005 17 May 2007 Union for a Popular Movement
François Fillon 17 May 2007 Incumbent Union for a Popular Movement

See also

References

  1. ^ Décret du 1er juin 1958 portant nomination des membres du gouvernement
  2. ^ Loi du 3 juin 1958 portant dérogation transitoire aux dispositions de l'article 90 de la Constitution
  3. ^ Loi n°58-520 du 3 juin 1958 relative aux pleins pouvoirs
  4. ^ Proclamation des résultats des votes émis par le peuple français à l'occasion de sa consultation par voie de référendum, le 28 septembre 1958
  5. ^ Constitution, Journal Officiel de la République Française, 5 October 1958
  6. ^ Proclamation des résultats du scrutin du 21 décembre 1958 pour l'élection du Président de la République, Président de la Communauté; text version
  7. ^ Constitutional Council, Proclamation of the results of the 28 October 1962 referendum on the bill related to the election of the President of the Republic by universal suffrage
  8. ^ Constitutional Council, Decision 62-20 DC of 6 November 1962
  9. ^ F. L. Morton, Judicial Review in France: A Comparative Analysis, The American Journal of Comparative Law, Vol. 36, No. 1 (Winter, 1988), pp. 89-110
  10. ^ M. Letourneur, R. Drago, The Rule of Law as Understood in France, The American Journal of Comparative Law, Vol. 7, No. 2 (Spring, 1958), pp. 147-177
  11. ^ Constitutional Council, Decision 71-44 DC of 16 July 1971
  12. ^ Loi constitutionnelle 74-904 du 29 octobre 1974 portant révision de l'article 61 de la Constitution
  13. ^ Alain Lancelot, La réforme de 1974, avancée libéral ou progrès de la démocratie ?

 
 

 

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