Comparative Law
Spring 2002
Professor Susanna Fischer
CLASS 15
FRENCH CONSTITUTIONAL LAW
Feb. 13, 2002
WRAP UP: Fundamental Structural
Principles of the French Republic
France is an indivisible, secular,
democratic and social republic
Rule of Law
Democratic
C. 1958 Art. 2: Republic is “ruled by the
principle of government of the people by the
people and for the people”
Idea of equality is essential here.
All 18 and over can vote
Representative democracy – see C. 1958 Art.
3 - direct election of National Assembly
(though indirect election of Senate) (Art. 24)
Parliamentary democracy – how is U.S.
congressional democracy different than
parliamentary democracy?
Social
Preamble to the 1946 Constitution
recognized, inter alia, social rights esp. social
security rights such as health protections,
sexual equality, and workplace rights, such as
the right to work and right to leisure time.
Also legitimized nationalization of many
economic activities; this was implemented
after WWII but there was extensive
privatization under Prime Minister Jacques
Chirac in late 1980s.
Preamble to 1946 Constitution is part of the
French constitution. Other than this, what
else comprises the “Constitutional Block”?
French “Constitutional Block”
1958 Constitution
Declaration of Human and Civil Rights of 1789
Preamble to the 1946 Constitution
Fundamental Principles Referred to in 1946
Preamble (up to Conseil constitutionnel to
decide what these are. An example is
freedom of association)
Note – because these were drafted at
different times, there are often be conflicts
between them
France: Separation of Powers
This concept stems from Montesquieu book:
L’Esprit des Lois (1748) – advocated 3
branches of government (judicial, executive,
legislative)
It is respected in France.
After 1958 France has stronger executive
than Germany while German has stronger
Parliament. Power of German Chancellor has
varied over time.
France: Rule of Law (L’Etat de
droit)
Idea here is not dissimilar to German
Rechtstaat - the state is not above the
law and the acts of public authorities
should comport with law. This idea
gives rise to a hierarchy of sources of
law that must be respected.
The French Nation
Unlike Germany (and the U.S.), France is not
a federation but is a unitary state.
Revolutionaries abolished old feudal regional
administrative structures (provinces) and
replaced with new structures (départements
– 100 in total, 94 for mainland France) that
strengthened the central state.
Growing trend (since 1982 decentralization
law) to transfer power from central govt to
local representatives. 1982: creation of
régions (21 in mainland France)
Constitutional Amendment
Can the French Constitution be
amended?
Constitutional Amendment
Can the French Constitution be amended?
Yes. See C. 1958 Art. 89
To be proposed by President on PM’s proposal
and by MPs
Either – voted on by both Houses in identical
terms and then by referendum, or by 3/5 of
both Houses meeting together
Constitution has been amended many times.
Can’t amend republican form of government.
A Reminder: Constitutional
Amendment in the U.S.
The American constitutional amendment
process is set out in Article V of the U.S.
Constitution, which reads:
The Congress, whenever two thirds of both
houses shall deem it necessary, shall propose
amendments to this Constitution, or, on the
application of the legislatures of two thirds of
the several states, shall call a convention for
proposing amendments, which, in either case,
shall be valid to all intents and purposes, as
part of this Constitution, when ratified by the
A Reminder: Constitutional
Amendment in the U.S. cont’d
legislatures of three fourths of the several
states, or by conventions in three fourths
thereof, as the one or the other mode of
ratification may be proposed by the
Congress; provided that no amendment
which may be made prior to the year one
thousand eight hundred and eight shall in any
manner affect the first and fourth clauses in
the ninth section of the first article; and that
no state, without its consent, shall be
deprived of its equal suffrage in the Senate.
Parliament and Legislation
How many houses of Parliament are
there in France, and what are they
called?
Parliament and Legislation
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 May 25 (1st
ballot) and June 1 (2d ballot) 1997. The next
will take place in 2002 (June 9 & 16)
Political Groups
Size of political groups on 28th. march
2000
Parti Socialiste: 252
Rassemblement pour la République (RPR)
Group: 137
Union pour la Démocratie française (UDF)
Group: 69
Démocratie Libérale Group: 44
Parti Communiste Française: 35
Radical, citoyen, et Vert Group: 32
Deputies not belonging to any group: 8
Total: 577 including 60 women
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
321 Senators: Political Groups
Communist – 23
Rassemblement Démocratique et Social
Européen 19 + 1=20
Rassemblement pour la Republique – 83 +5
+ 7 = 95
Socialists – 80 + 2 + 1=83
Groupe de l’Union Centriste – 51 +2 =53
Groupe des Républicains et Indépendants
Membres – 39 +2 =41
Others - 6
Legislation
How is an Act of Parliament enacted in
France?
See C. 1958 Arts. 39-45