Political System: France (Fifth Republic of France)

POLITICAL SYSTEM: FRANCE (FIFTH REPUBLIC OF FRANCE)

By: Varsha Shekhar Assistant Professor (Guest-Faculty) Department of Political Science, B. N. College, Patna University, Patna INTRODUCTION

• For about 150 years, France experienced political instability and a regular change of constitution. French political system got its democratic character after the great French Revolution in 1789.

• Political stability came to characterise French political System only after the adoption of Constitution of Fifth Republic 1958.

• The French Revolution in 1789 was an event of utmost importance in the history of the world as it only effected but also shaped the future course of constitutionalism. The philosophical foundations to this revolution was the great ideals of “Liberty, Equality and Fraternity”. CONSTITUTIONAL DEVELOPMENT IN FRANCE • There were a lot of political instability in France. There is a saying, in a way France holds a world record in the field of constitution making. Since 1789 she has been changing her constitution up after about every 12 years. Between 1789-58, France had 16 constitutions one of which ‘Acte Additionnel’ (1835) could remain in Force for only 21 days .

• The constitution of the Third and Fourth Republic did remain in operation for a number of years but their working was always found to be an satisfactory. The constitution of the Third Republic continued for 65 years but the multi party system kept every government a in continuous drift.

• The constitution of the Fifth Republic of France has been working successfully for the last about 60 decades which was framed under the guidance of his chief patron General De Gaulle as well as in the light of the past constitutional experience. • Prior to the French Revolution of 1789 France was governed by an all-powerful monarchy aided by high nobility. The excess of the Autocratic rule compelled the people of France to revolt against it. • In 1789 a very violent but popular revolution took place in france the people in the name of Liberty Equality And Fraternity revolted against the King, the Bureaucracy and the Nobility. • In the estates general of France was converted into the National Assembly after the Great Revolution. On august 1789, this Assembly issued the Historic Declaration of The Rights Of Man And Citizen. FIRST REPUBLIC • Later in 1791 a constitution was prepared under which France was declared to be a republic however this constitution was described by the radical revolutionaries consequently in 1792 and other constitution was drafted and it was approved by the people in 1793 • Under the 1793 constitution France was declared to be a liberal democratic state based upon the principles of direct election and universal adult manhood franchise • But there were a lot of political instability and was severely criticized by the revolutionaries. there where number of amendments were made to satisfy them and by 1795 constitution was changed to the extent of making it a new constitution altogether. A Directory consisting of five hundred members was created and five members were appointed Directors. But this institution also failed to establish political stability in France. In 1799 the Directory was replaced by a Consulate and in this very your a military officer Napoleon became its first consul and started concentrating power in his own hands RE-ESTABLISHMENT OF MONARCHY

• Power authorities and popularity was fully exploited by Napoleon and in 1804 he declared himself to be the king of France . He adopted the policy of expanding his Empire through war and aggression or we can say that war was used as a means to expand French power and possessions. • In 1815, Napoleon was defeated by the British in the Battle of Waterloo. After this, the Bourbon Monarchy came to be restored power in France. • During the British monarchy religious freedom and freedom of press to the people were granted to satisfy both the liberals and the reactionaries. • But after death of Louis XVIII in 1824, the monarchy was succeeded by Charles X, but somehow the people were provoked to revolt a second time. SECOND REPUBLIC OF FRANCE • In 1830, France had a Second Revolution, as a result, Charles X fled away from France, consequently, the people elected the Duke Of Lance, Phillips, as their King. • A Parliamentary System was set up in France and the new King was made a Constitutional Monarch. But the new King was not accepted by the Radicals although he was very popular among liberals which ultimately led to another revolution in France in 1848. • After the ouster of King Philip France adopted a new republican constitution it came to be known as the Constitution of The Second Republic • Under this new Constitution a Presidential System of Government was adopted. The French President was made the real executive head for a fixed term of 4 years. • Louis Napoleon and nephew of Napoleon Bonaparte was elected as the first president of the Second Republic. He was also very ambitious and on the eve of the election of the president in 1851 he crush the opposition with the help of the army and took for authority into his own hands. Finally he declared himself as the King of France in 1852 THIRD REPUBLIC OF FRANCE

• The Second Republic came to an end and Monarchy of the year again in France which continued for 18 years. France was defeated by Germany Napoleon suffered defeat by Germany in 1870 and it ended the era of monarchy in France was again declared to be Democratic Republic called The Third Republic • In 1871 the National Assembly of France entered into A peace treaty with Germany but further it lead to internal civil war in France consequently in 1875 A new constitution was adopted by France and it came to be known as The Constitution Of The Third Republic • Features ➢Parliamentary Form Of Government Was Adopted ➢President Was Made A Constitutional Head Of The State ➢Real Executive Powers Were Vested In The Prime Minister And The Council Of Ministers ➢The National Parliament Was Made A Bicameral Legislature Consisting Of The Chamber Of Deputies And The National Assembly ➢The Executive Was Made Responsible To The National Assembly FOURTH REPUBLIC OF FRANCE • The third republic of France continued for 65 years that is up to the defeat of France in the second world war. In other words we can also say that the defeat of France in 1940 brought to an end to the third republic. General Petain established the new government, enter into a treaty with Germany and Italy and prepared a new constitution for France. This Constitution lasted only till 1944 that is up to the time of the defeat of Germany in the Second World War • After the end of the second world war the interim government was established in France which decided to organize a constituent assembly to frame constitution for the France. Constituent Assembly on october 21 1945 who was elected for this purpose. The people in the referendum held on may, 1946 rejected the constitution prepared by the constituent assembly but finally accepted by the people on October 1946 which is constitution of the Fourth Republic • France was declared to be republic indivisible secular democratic and social and a parliamentary system of government was adopted • Features ➢Written enacted and rigid constitution ➢Sovereignty of the people ➢Republican constitution with parliamentary democracy ➢Bicameral parliament ➢Fundamental rights ➢Superior council of judiciary THE FIFTH REPUBLIC OF FRANCE • By the year 1954 there were a lot of political instability in France. There were lot of revolutions and subsequent changes in the constitution. The victory of Vietnam over France give a crushing blow to French prestige at the same time the moment for independence was gaining in Algeria and on 13th may 1958 the students of Algeria imposed a gherao of the government buildings and started violent demonstrations. • A public defense committee was constituted to meet the situation in this committee there were supporters of General De Gaulle who was in fact in majority to let him deal with the situation. • In 1958 De Gaulle became the prime minister of France after that he wanted for re -making of the constitution of the France he was not in favor of the parliamentary system or the party system of government. In fact he preferred for presidential system. • Under his direction and initiative the constitution of the fifth republic was prepared and got approved by the people in a referendum. • The new constitution came into force on 4th October 1958 and it marked the beginning of the Fifth Republic Of France. THE CONSTITUTION OF THE FIFTH REPUBLIC: SALIENT FEATURES • The constitution of the Fifth Republic has been in operation since October 4 1958. It has been successful constitutional stability • Main features 1) Written brief and enacted constitution: like the constitution of the united states of america the constitution of fifth republic of France is also written and enacted initially it consisted of a preamble and 92 articles but after Algerian independence number of articles came down to 89. This is divided into XVII Titles (chapters). It was made by the constituent assembly of France and approved by the people of France in referendum 2) Preamble of the constitution: the French constitution opens with the preamble which projects the objective and ideas underlying the enactment of the constitution. Which definitely project the ideas of the France 3) Popular Sovereignty: the French constitution of 1958 affirm belief in the sovereignty of the people article to declare its principle is government of the people by the people and for the people where as in article 38 declares national sovereignty belongs to the people who exercise it through their representatives and by way of referendum . 4) Constitution is a Supreme Law: the constitution of the France is the supreme law of the land every organ of the government drives its power from the constitution the constitutional council holds all the authorities to review all the acts and laws 5) France is A Secular State : Under Article 2 of the French Constitution it declares France is an indivisible secular democratic and social republic. It ensures equality of all citizens before law without distinction of origin race or religion it respects all beliefs ...The moto of the republic is liberty equality and fraternity

6) Rigid Constitution: the method of amendment that has been prescribed for French constitution is a rigid method. The power to propose an amendment is with the president cum the prime minister and with the members of the parliament . procedure of amendment of the french constitution is laid down under Title X V I and Article 89 overall we can say that the power of amendment of the french constitution is with the parliament 7) Republican Constitution: the French constitution is also a republican constitution like Indian and American constitution. The head of the state is the president of France who is directly elected by the people of France. 8) Democratic Constitution: the constitution of the fifth republic provides for a democratic state which comprises all the essential features to constitute a democratic state these are following: ➢ Popular sovereignty ➢ Universal adult franchise ➢ Periodic in free elections ➢ Right to form political associations ➢ Regular elections ➢ Direct elections ➢ Secret voting ➢ Representative responsible and accountable government 9) Mixture Of Parliamentary And Presidential System Of Government: The French constitution provides for a mixed type of government in France it combines the features of both parliamentary and presidential form. As the president is head of the state but he is not that all powerful, as there is also separation of power between president and prime minister. But it is also a fact that he hold real executive powers and becomes more powerful during an emergency. Brogan has rightly stated, “the French constitution is neither a presidential constitution of American type nor a parliamentary constitution of English type, it is mixture of the two.”

10) Bi-cameral Parliament: Article 24 of the French constitution declares: “parliament is composed of the national assembly and the senate”. The national assembly is the lower, popular, directly elected and more powerful house of the parliament. The senate is the upper, less popular, quasi-permanent, indirectly elected and less powerful house. 11) Rights Of The French People : French constitution does not provide a separate list of the rights and freedom of the people but it certainly ensures that French people enjoys various rights and freedoms especially those which had been mentioned in the declaration of rights. Articles 3 and 4 give then their political rights viz. the right to vote and right to form political associations.

12) Constitutional Council- The Institution Of Judicial Review: Under the French constitution, a special institution has been formed to determine the validity of laws and orders made by the parliament and government. This power in France has been given to constitutional council. It consists of 9 members, each having a tenure of 9 years. One third of the members retire after every three years. The president of France, the presidents of both the national assembly and the senate nominate 3 members each to the constitutional council. The president of the constitutional council is appointed by the president of the republic. This council has been given the power to judge the constitutionality or unconstitutionality of the laws. This council also acts as the election commission and the election tribunal in parliamentary elections. This is a unique French institution. It has been copied by the constitution of Russia. 13) Economic and Social Council: Under title XI and Articled 69, 70 and 71, a new council- the Economic and Social Council has been created. The government can seek its advice on any law. Any plan or bill of economic or social character can be submitted to it for its opinion. This council can present their opinions on any bill which is under discussion in the French parliament.

14) Provisions regarding territorial units of French republic: The territorial units of the French Republic are: The communes, The departments, and The overseas territories. These above mentioned territories are self-governing units and each has an elected council. The overseas territories have their own particular organisations. For each such territory an Act of the Government of France lays down the organisation and functions of its administrative organisation. CONCLUSION

• France witnessed a lot of political instability and many revolutions. In fact it was the great French Revolution in 1789 which cherished the ideals of Liberty Equality And Fraternity. • France witnessed lot of ups and downs to monarchy to republic and vice versa. The great declaration of rights of man and citizen holds a unique position in history. But later on the successful establishment of Fifth Republic of France stabilized the political scenario in France. • The Constitution of Fifth Republic of France which holds the characteristics of both presidential and parliamentary form of government. It included all the necessary demands of the people and took extra care to bring peace in France. In fact it holds a unique institutions also which really helped in proper functioning of the political system in France. • The Fifth Republic of France structures fully in operation for about six decades and its practicability has been amply proofed proved and the people of France are living happily since then. By: Varsha Shekhar Assistant Professor (Guest-Facculty) Department of Political Science, B. N. College, Patna University, Patna