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THE GOVERNMENTAL STRUCTURE OF THE FIFTH REPUBLIC By Raphael Hadas-Lebel A hirty-five years after the birth of the Fifth Republic, a look back on the evolution ofthe French institutions in this period reveals, above all, an image of exceptional stability.' This phenomenon is all the more remarkable considering that French institutional history since 1789has long been characterized by constant constitutional instability. Whereas the United States has known only one constitution since 1787, updated by less than thirty amendments , France has consumed between fifteen and twenty constitutional texts in two centuries. The longest lasting regime was the Third Republic, from 1875 to 1940. That the Fifth Republic has endured since 1958, althoughwith some constitutional modifications, already constitutes aremarkable achievement . The institutions fashioned by General de Gaulle haveenabled France to facetheseriouscrisesofthe 1960s—theAlgerianWar,terrorism,andthecrisis ofMay 1968. These institutions have outlived theircreator. They have also adapted successfully to the character of successive presidents, the shock of political alternation in 1981, the cohabitation experiment between 1986 and 1988 (resumed once more this year), and the state of uncertainty which confronted the Socialist governments from 1 988 to 1 993, when they suffered both a distinct deterioration ofpower and the absence ofmajority support in parliament. Even more remarkably, the political turn to the Left in 1981 had the unexpected effect ofmaking the institutions ofthe Fifth Republic acceptable tothe very groups—Socialists and evenCommunists—which had so sharply contested them at the beginning. Today, even as the need to modify certain Translated from the French by Randy Arndt, except where noted otherwise. 63 64 SAISREVIEW constitutionalprovisionsbecomesevident,itappearsthat, since 1981,acertain national consensus about the institutional model of the Fifth Republic has emerged. What are the characteristicsofthe French institutional model since 1 958? Whatchanges intheworkingoftheinstitutionalapparatuscanbenotedtoday? Wheredoes the debate overthe reformofthis apparatus figure into all ofthis? Answerstothesethreequestionscan shed lightonthepast,thepresent, andthe possible future ofFrench governmental structures. The Fifth Republic 's institutional Model Theprincipal components ofthe current Frenchconstitutional model are generally well known and therefore require no lengthy analysis here. This unique apparatus can be characterized by five major features. Thecornerstoneofthesystemis,ofcourse,thePresidentoftheRepublic, elected by universal suffrage and, thereby, according to Article 3 of the Constitution, thedirect "representative" ofthe sovereign people. Theelection of the President by universal suffrage, introduced in 1962 by General de Gaulle, has become an irreversible fact, fully incorporated by public opinion, and it is difficult to see how it could possibly be questioned today. The President is in charge of all essential policy areas (the continuity of the Constitution, foreign policy and defense, and the overall aims of domestic policy), and endowed with his own powers (without counter-signature), particularly the power to resort to the arbitration of the people (that is, the referendum) andthepowertodissolve parliament. All theheadsofstateofthe Fifth Republic, from General de Gaulle to François Mitterrand, have conformed to this model, though each according to his own style. This includes, within certain limits, the 1986-88 and the current periods ofcohabitation. The second component of this model is the official recognition, for probably the first time in a constitutional text (Title III: The Government), of a strong government position. The government's position, exercised by a Prime Minister, and endowed with important capacities (especially the statutory power), derives its strength from the Presidentofthe Republic. Itis, however, subjugated to the authority of the other "representative" of the sovereign people, the National Assembly elected by universal suffrage. The third component is that which has been called rationalized parliamentary government (parlementarisme rationalisé). It consists of a set of means allowing the government to govern even in the absence of a clear THE FRENCH GOVERNMENTAL STRUCTURE 65 majority support in parliament, so long as there does not exist an absolute majority wanting to topple it. An important arsenal of measures was assembled, throughconstitutional provisions, in orderto make up forthe lack of the traditional majority present in France during the Third and Fourth Republics. The most famous ofthese means, Article 49 (specifically Article 49.3), allows the adoption of a legislative text without a vote once the government has "assumed responsibility" for the text—a refusal by the Assembly brings about the dismissal ofthe government. Surely the governments that followed since 1988, like the government...

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