Summary Tutorial 3- France Constitutions Compared (5th Edition), ISBN: 9781780688831 Comparative Government (PUB1002/2020-200)
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Comparative Government (PUB1002/2020200)
Institution
Maastricht University (UM)
Book
Constitutions Compared (5th Edition)
Summary study book Constitutions Compared (5th Edition) of Aalt Willem Heringa - ISBN: 9781780688831, Edition: 5, Year of publication: - (Tutorial 3- France)
Extended Lecture Notes on Comparative Constitutional Law
Tutorial 5: Netherlands, ISBN: 9781780688831 Comparative Government (PUB1002/2020-200)
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European Law School
Comparative Government (PUB1002/2020200)
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France
Overview............................................................................................................................2
A sequence of Constitutions................................................................................................2
The Constitution of the Fifth Republic.................................................................................6
Art. 1 French Constitution...................................................................................................9
The National Assembly.....................................................................................................11
The Senate........................................................................................................................13
The legislative process......................................................................................................15
The Senate........................................................................................................................19
Organic Statutes...............................................................................................................20
The President....................................................................................................................21
The Constitutional Council................................................................................................22
Political Parties.................................................................................................................24
The President....................................................................................................................25
The Prime Minister and his/her government.....................................................................27
Ministerial Accountability.................................................................................................28
Parliamentary scrutiny.....................................................................................................30
Judicial Review and Court Systems....................................................................................30
The Court System..............................................................................................................30
Constitutional Review.......................................................................................................32
International Treaties and the ECHR.................................................................................33
European Union Law.........................................................................................................33
,Overview
Carolingian Empire
Western part of the
Empire (Treaty of
Verdun of 843)
Charles the Bald
(Western Frankish
Realm and later the
Kingdom of France
Absolutism in early modern France
Consolidated in early modern France
King would rule without constraint (Ancien régime or “old
oder”)
national
sovereignty,
French
constitutionalism,
Absolutism Revolution of
codification of law,
1789
the idea of the
nation-state
The Revolution was inspired by ideals of the Enlightenment, and
led to a breakthrough for notions that are still important today
The absolutist monarchy proved unable to reform itself and to
A sequence of
respond to popular demands for greater freedoms, social justice
Constitutions
and democratic participation
In 1789 the Third Estate, the representation of the citizenry as opposed
to the clergy and nobility, proclaimed itself a single National Assembly
, France's first
The King would constitution was
France adopted reign together adopted (1791),
a constitutional with the ensrishened
monarchy National constitutional
Assembly monarchy and a
unicameral parliament
The first Republic
A newly
The powers
elected The king was
of King Louis
National decapacitated
XVI were
Convention the following
suspended
proclaimed a year
(1792)
Republic
The Republic was to be governed by the Constitution of 1793, but
the document’s entry into force was suspended
The government of the National Convention was overshadowed
by the internal Terror regime against suspected opponents of the
Revolution as well as by the external wars against coalitions of
restoration-minded European monarchies
The Terror ended in 1794 and power reverted to a more
moderate National Convention
Succession of increasingly dictatorial constitutions
The Constitution of 1795 (Constitution of Year III)
Established a directory
The directory was an executive committee of five besides a
bicameral parliament
The Constitution of Year VIII
A coup (success) led by general Napoleon Bonaparte a new
constitution established a Consulate
, Consulate- an executive committee of three besides a tricameral
parliament
In 1802 Napoleon emerged from the Consulate as First Consul for
life, his powers laid down in the Constitution of Year X
In 1804 Napoleon crowned himself Emperor, thus ending the First
Republic and raising the First Empire under the Constitution of
Year XII
The old Bourbon monarchy
After France’s defeat in the Napoleonic Wars, the European
monarchies in 1814 restored the old Bourbon monarchy
July Monarchy
King Charles X was overthrown and Louis Philippe, from the
Orleanist branch of the House of Bourbon, ascended the throne
to establish a liberal constitutional monarchy
Second Republic was established
Louis Philippe abdicated after the revolution of 1848
Second Empire was established
Louis Napoleon Bonaparte, Napoleon Bonaparte’s nephew, was
elected President;
He staged a coup in 1851 to become President for life and in 1852
styled himself Emperor Napoleon III
Franco-Prussian War in 1870
The Second Empire collapsed
It was replaced by the Third Republic
The Third Republic
Lasted effectively until the German invasion of France in 1940,
when an authoritarian and collaborationist regime with its seat in
Vichy in central France was set up
As France was liberated by the Western Allies, a provisional
government under the anti-Vichy general Charles de Gaulle took
over, and eventually handed over power to the government of
the Fourth Republic in 1946
The Fourth Republic
a parliamentary democracy, in many ways represented a
restoration of the pre-war order of the Third Republic
Structural weaknesses, in particular a feeble executive that had
no grip on parliament
Became politically unstable (de-colonization)
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