Comparative Law
Spring 2003
Professor Susanna Fischer
CLASS 8
FRENCH CONSTITUTIONAL LAW
Feb. 6, 2003
WRAP UP: French Govt:
Executive Branch
DeGaulle, who played an important role in
promulgating the current Constitution of
1958, believed in a strong executive branch
Fear of excessive parliamentary power
Some accused DeGaulle of acting like an
elected dictator?
In France, the executive power is shared
between President, PM and other government
ministers
GOAL FOR TODAY
To be able to compare the
executive/legislative branches of the
French semi-presidential system with
the US presidential system and UK
Westminster model parliamentary
system
To begin to learn about French sources
of law
FRENCH GOVERNMENT: A HYBRID
SEMI-PRESIDENTIAL SYSTEM
France is an democratic and social republic
Franch is not a federal state
French is a semi-presidential parliamentary
democracy: there is a directly elected president and a
prime minister who is responsible to parliament. In
France, the role of parliament is somewhat reduced
and the role of the executive is strengthened
compared to standard parliamentary system
Do you know of any other semi-presidential
parliamentary systems?
What are some other types of political systems?
PRESIDENTIAL SYSTEMS
President (chief executive/symbolic head of
government) is chosen by a separate election
from that of the legislature.
President then appoints his or her cabinet of
ministers (or "secretaries" in US parlance).
Ministers/Secretaries usually are not
simultaneously members of the legislature,
although their appointment may require the
advice and consent of the legislative branch.
This system is characterized by separation of
powers, wherein the executive and legislative
branches are independent of one another.
PARLIAMENTARY SYSTEMS
Parliamentary systems, unlike presidential
systems, typically do not have this separation
of powers between the legislative and
executive branches.
Prime Minister (chief executive) is usually
elected to the legislature like other members.
PM is leader of the party that wins the
majority of votes to the legislature (either de
facto, or in some cases through an election
held by the legislature).
PARLIAMENTARY SYSTEMS
Prime Minister appoints Cabinet Ministers
who are generally legislative members from
the ruling party or ruling coalition.
Thus, in a parliamentary system, the
constituency of the executive and legislature
are the same. If the ruling party is voted out of
the legislature, the executive also changes.
Need for cooperation between
executive/legislative for govt to survive and
operate effectively.
FRENCH HYBRID MODEL
Compare this to the Presidential system
and the Parliamentary system.
FRENCH HYBRID SEMIPRESIDENTIAL MODEL
Compare this to the Presidential system and
the Parliamentary system.
A separately elected President who shares
executive power with the Prime Minister
The President usually has the constitutional
power to select the Prime Minister.
Constitution places more power in the
President, so termed a semi-presidential
system.
Removing PM from Office
Parliamentary system – 1. No confidence
motion 2. By PM’s party vote
French Semi-Presidential System 1. National
Assembly can pass motion of censure forcing
PM and government to resign 2. President
can remove PM 3. President can dissolve
National Assembly (not Senate). President
can’t be removed before term expires
Executive Branch
President (Chirac)
Prime Minister (Raffarin)
Government (ministers)
President of France: “Guardian
of the Constitution” (Art. 5)
Jacques Chirac
Art 5: “By
arbitration, the
President ensures
the proper operation
of public authorities
and the continuity of
the State.”
President
No clear duties; head of state
Appoints prime minister and, on advice of PM
appoints/dismisses other members of government (C.
1958 Art. 8). Presides over Cabinet (C. 1958 A. 9)
President has power to dissolve National Assembly
and force general election - Art 12 why does the
President have this power?
Commander in chief of armed forces. Has pardon
power – Arts. 15 & 17
Can submit proposal (on govt request or request of
parliament) for legislation to referendum – Art. 11
Has emergency powers – Art. 16 –ever used? If so,
when”?
The Current Prime Minister
Jean-Pierre Raffarin
Moderate rightwing senator from
the free-market
Liberal
Democracy party
(DL).
What is the Role of the PM?
What is the Role of the PM?
Leads government (Art. 21)
Ultimate responsibility for national defense
(though President is head of armed forces)
Represents government in Parliament (Art.
49.1)
Can make primary and secondary legislation
(Art. 21)
Can put forward Bills to Parliament (Art. 39)
Adviser to President
What are the Shared Powers of
the French President and PM?
President nominates members of
Government (ministers)(on advice of
PM)
Conseil des Ministres (Cabinet)
Can a minister be a member of
Parliament? (See C. 1958 Art. 23)
Can they hold local or regional
appointments?
Attend weekly meetings at Elysée
Palace (President’s Official Residence)
Conseil des Ministres (Cabinet) –
some of the most significant are:
New Minister of the Interior and
Security: Nicolas Sarkozy
Finance Minister: Francis Mer
Foreign Minister: Dominique de Villepin
Defence Minister: Michele Alliot-Marie
(first woman)
Justice: Dominique Perban
Education and Youth: Luc Ferry
(philosopher)
Labor and Social Affairs: Francois Fillon
Parliament and Legislation
How many houses of Parliament are
there in France, and what are they
called?
Legislative Branch
How many houses of Parliament are there in
France, and what are they called?
1. National Assembly (L’Assemblée Nationale)
– in Palais Bourbon on Seine in Paris
2. Senate (Senat) –in Palais du Luxembourg
in Paris
See C. 1958 Art. 24
National Assembly
How many deputies are there? How are
they chosen?
How long do they serve?
When was the last election?
When will the next election take place?
National Assembly
How many deputies are there? 577
How are they chosen? Directly elected by
voters in 577 parliamentary constituencies
(between 2 and 24 per department) Must
get either an absolute majority of votes on
first ballot or a relative majority on second.
How long do they serve? 5 year term unless
President dissolves National Assembly and
calls election prior to end of this period.
The last election took place on June 9 2002
(1st ballot) and June 16 2002 (2d ballot).
French election of Political Groups 2002 see
also http://www.assembleenat.fr/12/tribun/gene11.asp
Union pour la Majorité Présidentielle (UMP)
354
Union pour la Démocratie Française 29
Other center right 16 TOTAL RIGHT 399
Greens 3
Socialists 140
Député-e-s Communistes et Républicains21
Other left 14
TOTAL LEFT 178
TOTAL 577 – voter turnout 68%
Senate
How many members of the Senate are
there?
How are they chosen?
Senate
How many senators are there? 321
How are they chosen? Indirectly elected by a
college of mayors and local councillors.
Current system of election is not very
proportional to numbers of electors in a
specific region and biased toward small towns
and rural areas.
Elected for 9 years (in thirds every 3 years).
Must be at least 35.
Last election was in September 2001 – next
Sept. 2004