French Fifth Republic Explained

Conventional Long Name:French Republic
Common Name:France
P1:French Fourth Republic
Flag P1:Flag of France.svg
Flag Type:Flag
Other Symbol Type:Great Seal
Englishmotto:"Liberty, Equality, Fraternity"
National Anthem:French: "[[La Marseillaise]]"
Capital:Paris
Largest City:capital
Religion:Secular State
In Alsace-Moselle
Government Type:Unitary semi-presidential constitutional republic
Leader Title1:President
Leader Title2:Prime Minister
Leader Name1:Emmanuel Macron
Leader Name2:Gabriel Attal
Legislature:Parliament
Upper House:Senate
Lower House:National Assembly
Languages Type:Official language
Languages:French
Cctld:.fr
Calling Code:+33
Date Format:dd/mm/yyyy (AD)
Iso3166code:FR

The Fifth Republic (French: Cinquième République) is France's current republican system of government. It was established on 4 October 1958 by Charles de Gaulle under the Constitution of the Fifth Republic.[1]

The Fifth Republic emerged from the collapse of the Fourth Republic, replacing the former parliamentary republic with a presidential (or dual-executive) system[2] that split powers between a president as head of state and a prime minister as head of government.[3] Charles de Gaulle, who was the first French president elected under the Fifth Republic in December 1958, believed in a strong head of state, which he described as embodying French: l'esprit de la nation ("the spirit of the nation").[4] Under the fifth republic, the president has the right to dissolve the national assembly and hold new parliamentary elections. If the president has a majority in the national assembly, the president sets domestic policy and the prime minister puts it into practice. During a presidential mandate, the president can also change prime ministers and reshuffle the government. If there is a different majority in the national assembly, the president is forced to nominate a prime minister from a different party, which is called a cohabitation. In the beginning of the Fifth Republic, presidential elections were held every seventh year and parliamentary elections every fifth year, which meant the president and the majority elected in the national assembly could be from different parties. Starting in the year 2000, the presidential and parliamentary elections were synchronized and are held every fifth year, which means the president always has a majority. Cohabitation is still possible if the president dissolves parliament in the middle of a presidential term.

The Fifth Republic is France's third-longest-lasting political regime, after the hereditary, feudal monarchy of the Ancien Régime and the parliamentary Third Republic (4 September 1870–10 July 1940). The Fifth Republic will overtake the Third Republic as the second-longest French regime and the longest-lasting French republic on 8 August 2028.

Origins

Instability of the Fourth Republic

See main article: French Fourth Republic.

The Fourth Republic had suffered from a lack of political consensus, a weak executive, and governments forming and falling in quick succession since 1946. With no party or coalition able to sustain a parliamentary majority, prime ministers found themselves unable to risk their political position with unpopular reforms.[5]

May 1958 crisis

See main article: May 1958 crisis in France.

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 Metropolitan France. The situation was complicated by those in Algeria, such as European settlers, native Jews, and Harkis (native Muslims who were loyal to France), who wanted to maintain the union with France. The Algerian War was 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 movement to defeat separation.[6] 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 new constitutional system. The parliament was unable to choose a government amid popular protest, and De Gaulle was carried to power when the last parliament of the Fourth Republic voted for its own dissolution and the convening of a constitutional convention.[7]

Transitional period

De Gaulle and his supporters proposed a system of strong 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;[8] on 3 June 1958, a constitutional law empowered the new government to draft a new constitution of France,[1] and another law granted Charles de Gaulle and his cabinet the power to rule by decree for up to six months, except on certain matters related to the basic rights of citizens (criminal law, etc.).[9] These plans were approved by more than 80% of those who voted in the referendum of 28 September 1958.[10] The new constitution was signed into law on 4 October 1958.[11] Since each new constitution established a new republic, France moved from the Fourth to the Fifth Republic.

1958 constitution

See main article: Constitution of France.

The new constitution contained transitional clauses (articles 90–92) extending the period of rule by decree until the new institutions were operating. René Coty remained 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.[12] 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.

The 1958 constitution also replaced the French Union with the French Community, which allowed fourteen member territories (excluding Algeria) to assert their independence.[13] 1960 became known as the "Year of Africa" because of this wave of newly independent states.[14] Algeria became independent on 5 July 1962.

Evolution

Election of the president

The president was initially elected by an electoral college but in 1962 de Gaulle proposed that the president be directly elected by the citizens and held a referendum on the change. Although the method and intent of de Gaulle in that referendum were contested by most political groups except for the Gaullists, the change was approved by the French electorate.[15] The Constitutional Council declined to rule on the constitutionality of the referendum.[16]

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 president is elected in one or two rounds of voting: if one candidate gets a majority of votes in the first round that person is president-elect; if no one gets a majority in the first round, the two candidates with the greatest number of votes go to a second round.

Separation of powers

Two major changes occurred in the 1970s regarding constitutional checks and balances.[17] 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.[18] In 1971, however, 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 so declared partially unconstitutional a statute because it violated freedom of association.[19]

Only the President of the Republic, the Prime Minister, or the president of either house of Parliament could ask for a constitutional review a statute was signed into law—which greatly reduces the likelihood of such a review if all these officeholders happened to be from the same side of politics, which was the case at the time. Then in 1974, a constitutional amendment widened this prerogative to 60 members of the National Assembly or 60 members of the senate.[20] From that date, the opposition has been able to have controversial new statutes examined for constitutionality.[21]

Presidents of the Fifth Republic

No.PresidentLivedfromtoParty
1Charles de Gaulle1890–1970 8 January 195928 April 1969 (resigned)Independent
Alain Poher1909–199628 April 196915 June 1969 (interim)CD
2 Georges Pompidou1911–197415 June 19692 April 1974 (died in office)UDR
Alain Poher1909–19962 April 197419 May 1974 (interim)CD
3Valéry Giscard d'Estaing1926–202019 May 197421 May 1981bgcolor=lightblue UDF
4François Mitterrand1916–199621 May 198117 May 1995Socialist
5Jacques Chirac1932–2019 17 May 199516 May 2007bgcolor=#6495ED RPR then UMP
6Nicolas Sarkozyb. 195516 May 200715 May 2012bgcolor=#6495ED UMP
7François Hollandeb. 195415 May 201214 May 2017Socialist
8Emmanuel Macronb. 197714 May 2017IncumbentREM
Source: Web site: Les présidents de la République depuis 1848 . Presidents of the Republic Since 1848 . Présidence de la République française . fr.

Prime Ministers of the Fifth Republic

NameTerm startTerm endPolitical partyPresident
Michel Debré8 January 195914 April 1962UNRbgcolor=#1E90FF Charles de Gaulle
(1959–1969)
Georges Pompidou14 April 196210 July 1968UNR then UDRbgcolor=#1E90FF
Maurice Couve de Murville10 July 196820 June 1969bgcolor=#1E90FF
Jacques Chaban-Delmas20 June 19696 July 1972UDRbgcolor=#1E90FF Georges Pompidou
(1969–1974)
Pierre Messmer6 July 197227 May 1974bgcolor=#1E90FF
Jacques Chirac (1st term)27 May 197426 August 1976bgcolor=#1E90FF Valéry Giscard d'Estaing
(1974–1981)
Raymond Barre26 August 197621 May 1981Independentbgcolor=lightblue
Pierre Mauroy21 May 198117 July 1984bgcolor=pink François Mitterrand
(1981–1995)
Laurent Fabius17 July 198420 March 1986bgcolor=pink
Jacques Chirac (2nd term)20 March 198610 May 1988RPRbgcolor=#1E90FF
Michel Rocard10 May 198815 May 1991bgcolor=pink
Édith Cresson15 May 19912 April 1992bgcolor=pink
Pierre Bérégovoy2 April 199229 March 1993Socialistbgcolor=pink
Édouard Balladur29 March 199318 May 1995RPRbgcolor=#1E90FF
Alain Juppé18 May 19953 June 1997RPRbgcolor=#1E90FF Jacques Chirac
(1995–2007)
Lionel Jospin3 June 19976 May 2002Socialistbgcolor=pink
Jean-Pierre Raffarin6 May 200231 May 2005UMPbgcolor=#6495ED
Dominique de Villepin31 May 200517 May 2007UMPbgcolor=#6495ED
François Fillon17 May 200715 May 2012UMPbgcolor=#6495ED bgcolor=#6495ED Nicolas Sarkozy
(2007–2012)
Jean-Marc Ayrault15 May 201231 March 2014Socialistbgcolor=pink François Hollande
(2012–2017)
Manuel Valls31 March 20146 December 2016Socialistbgcolor=pink
Bernard Cazeneuve6 December 201610 May 2017Socialistbgcolor=pink
Édouard Philippe15 May 20173 July 2020LR then
Independent
bgcolor=#6495ED Emmanuel Macron
(since 2017)
Jean Castex3 July 202016 May 2022RE
Élisabeth Borne16 May 20229 January 2024RE
Gabriel Attal9 January 202416 July 2024RE
Source: Web site: Former Prime Ministers of the Fifth Republic . Government of France.

See also

Further reading

In French

External links

Notes and References

  1. constitutionnelle. 3 juin 1957. portant dérogation transitoire aux dispositions de l'article 90 de la Constitution. French. http://www.legifrance.gouv.fr/jopdf/common/jo_pdf.jsp?numJO=0&dateJO=19580604&numTexte=&pageDebut=05326&pageFin=. .
  2. Lessig . Lawrence . Lawrence Lessig . 1993 . The Path of the Presidency . East European Constitutional Review . Fall 1993 / Winter 1994 . 2/3 . 104 . Chicago Unbound, University of Chicago Law School.
  3. News: Richburg . Keith B. . Keith Richburg . 25 September 2000 . French President's Term Cut to Five Years . The Washington Post . 25 February 2017.
  4. Book: Kubicek, Paul . European Politics . Routledge . 2015 . 978-1-317-34853-5 . 154–156, 163.
  5. Philip M. Williams, Crisis and Compromise: Politics in the Fourth Republic (1958)
  6. John E. Talbott, The War Without a Name: France in Algeria, 1954–1962 (1980).
  7. Jonathan Fenby, The General: Charles de Gaulle and the France He Saved (2010) pp 375–408.
  8. Web site: Fac-similé JO du 02/06/1958, page 05279 – Legifrance. www.legifrance.gouv.fr.
  9. no 58–520. 3 juin 1958. relative aux pleins pouvoirs. French. http://www.legifrance.gouv.fr/jopdf/common/jo_pdf.jsp?numJO=0&dateJO=19580604&numTexte=&pageDebut=05327&pageFin=. .
  10. http://www.legifrance.gouv.fr/jopdf/common/jo_pdf.jsp?numJO=0&dateJO=19581005&numTexte=&pageDebut=09177&pageFin= Proclamation
  11. Web site: Constitution . . 5 October 1958 . Légifrance . dead . https://web.archive.org/web/20200603011239/https://www.legifrance.gouv.fr/jo_pdf.do?numJO=0&dateJO=19581005&pageDebut=09151 . Jun 3, 2020 .
  12. Web site: Fac-similé JO du 09/01/1959, page 00673 – Legifrance. www.legifrance.gouv.fr.
  13. Cooper . Frederick . Possibility and Constraint: African Independence in Historical Perspective . 10.1017/S0021853708003915 . Journal of African History . 49 . 2. 167–196. July 2008 . 145273499 .
  14. Abayomi Azikiwe, "50th Anniversary of the 'Year of Africa' 1960", Pan-African News Wire, 21 April 2010.
  15. 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
  16. Constitutional Council, Decision 62-20 DC of 6 November 1962
  17. Morton . F. L. . Winter 1988 . Judicial Review in France: A Comparative Analysis . American Journal of Comparative Law . 36 . 1 . 10.2307/840185 . 840185 . 89–110.
  18. Letourneur . M. . Drago . R. . Spring 1958 . The Rule of Law as Understood in France . The American Journal of Comparative Law . 7 . 2 . 10.2307/837562 . 837562 . 147–177.
  19. Constitutional Council, Decision 71-44 DC of 16 July 1971
  20. constitutionnelle no 74-904. 29 octobre 1974. portant révision de l'article 61 de la Constitution. French. http://www.legifrance.gouv.fr/jopdf/common/jo_pdf.jsp?numJO=0&dateJO=19741030&numTexte=&pageDebut=11035&pageFin=. .
  21. [:fr:Alain Lancelot|Alain Lancelot]