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Concept
Constitution of France
Summary
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic (French: Constitution de la Ve République), and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitutional Council decision in July 1971. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then, the constitution has been amended twenty-four times, through 2008.
The preamble of the constitution recalls the Declaration of the Rights of Man and of the Citizen from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people.
Since 2005 it includes the ten articles of the Charter for the Environment.
The French Constitution established a semi-presidential system of government, with two competing readings. On one hand, the executive branch has both a President of the Republic and a Prime Minister, which is commonly seen in parliamentary systems with a symbolic President and a Prime Minister who directs the government. This reading is supported by Articles 5 and 21 of the Constitution, which respectively states that the President is a Guardian of the State and of the Constitution, while the Prime Minister has the power to decide on Government's actions and policies.
On the other hand, the Parliament is very weak for a parliamentary system. Parliament has a limited legislative competence: article 34 of the Constitution lists domains exclusive to Parliamentary legislation, but the remaining domains are left to the Executive's regulations. The President also has the crucial powers to call a referendum and to dissolve the National Assembly. While Parliament may make a vote of no confidence on the government, since 1962 a majority in the National Assembly has supported the Government.
Official source
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