French Constitution (1946)
The constitution of the French Republic of October 13, 1946 is the constitution of the Fourth French Republic and was in effect with two amendments until the current constitution was issued on October 4, 1958. The preamble still has constitutional status today.
history
After France was liberated from German occupation , a new political system was established relatively soon. Since no mass party emerged from the Resistance , the movements essentially corresponded to the parties of the Third Republic . In the elections for the National Constituent Assembly held on October 21, 1945, the PCF emerged as the winner with 26 % of the votes, ahead of the MRP with 24%, followed by the SFIO with 23% of the votes. These parties also formed the Provisional Government under Charles de Gaulle , which nationalized some industries (banking, coal mining, electricity, Air France ) and drafted a constitution that was mainly a consensus between the PCF and SFIO. It defined a parliamentary republic which, due to the very unequal distribution of power between the two chambers of parliament, was practically a unicameral system . After this constitution took shape, de Gaulle resigned because he could not enforce his idea of a presidential system . A national constituent assembly was elected (for seven months) on October 21, 1945; the draft constitution was rejected in a referendum on May 5, 1946 by 57 percent of the electorate. Another National Constituent Assembly was elected on June 2, 1946. An alliance of three parties ("Tripartisme") succeeded in gaining popular approval with a revised draft constitution: on October 13, 1946, the constitution was adopted by a majority of voters (53 percent) and came into force on that day.
content
The constitution consists of a preamble and twelve titles.
The general objectives of the state are set out in the preamble . The declaration of human and civil rights of 1789 is explicitly confirmed and the general legal equality of men and women is proclaimed. Universal suffrage was only introduced after World War II . In addition to the confirmation of various rights and state principles, it is particularly important to emphasize that "every property, every enterprise, the area of which has the character of a public national service or an actual monopoly, [...] must become the property of the whole".
The preamble is followed by the title of the constitution, from the institutions of the republic .
Title I - Of sovereignty describes France as "an indivisible, secular, democratic and social republic", defines its state symbols and principles of sovereignty, as well as the generality of choice.
Title II - By Parliament includes the rights and principles of the two chambers of parliament. The parliament consists of the National Assembly and the Council of the Republic . Legislative competence and budget sovereignty rest with the National Assembly. The election of the President of the Republic is made by the plenum of both chambers. The other articles regulate the organization of parliament, its relations with other state organs and the immunity of members of parliament.
Title III - The Economic Council consists of only one article, which regulates the basis of the Economic Council, an organ for economic policy advice and economic planning. The rest of the text refers to laws relating to the Council's statutes.
Title IV - Of Diplomatic Treaties regulates the conditions under which diplomatic treaties become legally valid.
Title V - From the President of the Republic describes the position of the President in the state system and enumerates his tasks and duties. The President's tasks are essentially limited to representing the state. The President is elected for seven years by both Houses of Parliament and cannot be re-elected. He can only be held responsible for high treason by the High Court at the instigation of the National Assembly.
Title VI - The Council of Ministers deals first and foremost with the modalities of the appointment and dismissal of the Prime Minister and his Cabinet. The government is elected by the National Assembly on the proposal of the President of the Republic with an absolute majority and is subsequently jointly responsible to it. Vote of no confidence by the National Assembly may by position of confidence by the Prime Minister or by a vote of no confidence carried from the ranks of the National Assembly, but always requires an absolute majority. The title also regulates the general executive powers of the government.
Title VII - On the criminal liability of ministers reaffirms the prosecution of ministers for crimes committed in their office and regulates the modalities in which they can be called to justice before the High Court.
Title VIII - From the French Union is divided into three sections and regulates the affairs of the French Union , in particular the relations between the metropolitan area and the overseas departments and territories .
Title IX - From the Supreme Council of the Judiciary initially comprises the regulations on membership in the council. It consists of the President of the Republic as Chairman and the Minister of Justice in office as well as six or four members elected by the National Assembly and by the judicial officers of France and two members appointed by the President and an equal number of deputies. The title also describes "the discipline of judicial officers, their independence and the administration of the courts" as their duties.
Title X - From the regional authorities regulates the position of the sub-national authorities. He defines the republic as "unitary and indivisible", but guarantees the self-administration of the local authorities through elected councils.
Title XI - From the revision of the constitution regulates the possibilities of a constitutional revision, but excludes a revision in the case of a partial or complete occupation of the national territory. The title also contains a kind of eternity clause : Article 95 stipulates that "the republican form of government [...] may not be the subject of a revision proposal".
Title XII - Transitional Provisions essentially contains transitional provisions until the state organs are in office.
Individual evidence
- ↑ a b c d e f www.verfassungen.eu , accessed on October 13, 2011
- ↑ see also French Wikipedia
- ↑ www.verfassungen.eu