Salient feature of constitutions with the emphasis on 4 Parlia-Presidential government in France

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Here are the study notes for Political Science (Pass Course), Semester III, Paper-I, based on the syllabus for Maharshi Dayanand Saraswati University, Ajmer. These notes focus on the Constitution of France with a specific emphasis on its Parlia-Presidential (Semi-Presidential) system.

Course Code: PSC – 2001 DCC

Paper-I: Comparative Study of World Constitutions

Topic: Salient Features of the French Constitution (Emphasis on Parlia-Presidential Government)

1. Introduction to the Constitution of the Fifth Republic (1958)

The Constitution of the Fifth French Republic was adopted by referendum in September 1958. It was designed to end the chronic governmental instability of the Fourth Republic (which saw 25 governments in 12 years) by creating a strong executive. While originally established as a parliamentary regime with a strong president, the 1962 amendment introducing the direct election of the President transformed it into a Semi-Presidential or Parlia-Presidential regime.

2. The Parlia-Presidential System (Semi-Presidentialism)

The most defining characteristic of the French system is its “hybrid” nature. It mixes the features of a Presidential system (like the USA) and a Parliamentary system (like the UK).

  • Executive Dyarchy (Twin-Headed Executive): France has a dual executive consisting of two powerful actors:
    1. The President: The Head of State, directly elected by the people.
    2. The Prime Minister: The Head of Government, responsible to the Parliament.
  • Hierarchical Dyarchy: While both exist, the system usually favors the President. However, power shifts depending on the parliamentary majority (see “Cohabitation” below).

A. The Presidential Element (Strong Executive)

The President of France is not merely a ceremonial head (unlike in India or the UK). The 1962 reform gave the President popular legitimacy through direct universal suffrage,.

Key Presidential Powers:

  • Appointment of PM: The President appoints the Prime Minister (Article 8).
  • Dissolution of Parliament: The President can dissolve the National Assembly (the lower house) once a year (Article 12), a power used to resolve deadlocks or seek a majority,.
  • Emergency Powers (Article 16): In times of serious threat to the nation, the President can assume near-dictatorial powers to take necessary measures. This was famously used by De Gaulle in 1961,.
  • Referendum (Article 11): The President can bypass Parliament and submit bills directly to the people for a vote,.
  • Foreign Policy & Defense: The President negotiates treaties (Article 52) and is the Commander-in-Chief of the armed forces (Article 15). They dominate “high politics” (defense and foreign affairs),.
  • Presiding Officer: The President chairs the Council of Ministers (Cabinet meetings), giving them control over the government’s agenda.

B. The Parliamentary Element (Responsible Government)

Despite the strong Presidency, the system retains core parliamentary mechanisms.

  • Council of Ministers: There is a Prime Minister and Council of Ministers responsible for the day-to-day administration.
  • Parliamentary Responsibility: The Government is accountable to the National Assembly (Article 20). If the Assembly passes a motion of censure (vote of no confidence), the Prime Minister must resign (Articles 49 and 50),.
  • Separation of Membership: Unlike the British or Indian systems, a Minister in France cannot be a member of Parliament simultaneously. If a dispute arises, they must give up their seat.

3. Cohabitation: The Test of the System

The “Parlia-Presidential” nature is most visible during Cohabitation. This occurs when the President belongs to one political party, but the majority in the National Assembly belongs to an opposing party.

  • Shift in Power: During cohabitation, the President is forced to appoint a Prime Minister from the opposition majority. The President’s power declines, and the Prime Minister becomes the dominant domestic political actor.
  • Division of Labor:
    • The Prime Minister controls domestic policy and legislation.
    • The President retains influence over foreign affairs and defense.
  • Examples: Notable cohabitations include Mitterrand (Socialist) with Chirac (Right-wing PM) (1986–1988), and Chirac (Right-wing President) with Jospin (Socialist PM) (1997–2002),.
  • Constitutional Reform (2000): The Presidential term was reduced from 7 years to 5 years to align with the Parliamentary term, making cohabitation less likely.

4. Other Salient Features of the French Constitution

Beyond the executive structure, the constitution has several other distinct features:

  • Written and Rigid: It is a written document. It is rigid because the amendment process (Article 89) requires either a referendum or a 3/5ths majority vote in a joint session of Parliament.
  • Unitary State: Unlike the US or India (which are federal), France is a unitary state. Power is concentrated in the central government, though some administrative powers are decentralized to local bodies,.
  • Bicameral Legislature: The Parliament consists of two houses:
    1. National Assembly: Directly elected for 5 years.
    2. Senate: Indirectly elected, representing territorial entities.
    • Note: The Parliament has limited powers compared to the UK; it can only legislate on matters specifically enumerated in the Constitution, while the government handles other matters by decree.
  • Constitutional Council: A distinct body of 9 members that reviews the constitutionality of laws before they are promulgated and oversees elections,.
  • Secular State: The Constitution declares France an indivisible, secular, democratic, and social Republic.

5. Comparison Summary (France vs. Others)

  • Vs. UK/India (Parliamentary): In France, the Head of State (President) is powerful and directly elected, not ceremonial. The Government is responsible to Parliament, but Ministers are not members of Parliament.
  • Vs. USA (Presidential): The French President can dissolve Parliament (the US President cannot). The French Prime Minister is responsible to Parliament (the US Cabinet is responsible only to the President).

Conclusion

The French Fifth Republic successfully combines stability with democracy. It solved the instability of previous regimes by creating a powerful President who directs the nation, while retaining a Prime Minister and Parliament to manage legislation and ensure accountability. This flexibility allows the system to function as a presidential regime when the majority is unified, and as a parliamentary regime during cohabitation,.

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