The members of the Assembly of the Union shall be elected by the Territorial Assemblies for the Overseas Departments and Territories; for Metropolitan France, two thirds shall be elected by the National Assembly representing Metropolitan France and one third by the Council of the Republic also representing Metropolitan France. See Compendium III § 313.6(C)(2) and 17 U.S.C. Two members appointed for six years by the President of the Republic and chosen outside the membership of Parliament and the judiciary, but from among the members of the legal profession, two alternates being designated under the same conditions. The President of the Republic shall preside over the Constitutional Committee. Should Parliament adhere to its original vote, the law may not be promulgated until the Constitution has been amended according to the procedure set forth in Article 90. When the National Assembly is not in session, its Secretariat, exercising control over the actions of the Cabinet, may convoke Parliament; it must do so upon the request of one third of the Deputies or of the President of the Council of Ministers. Fourth Republic 1946-1958 The Fourth Republic of France existed from 1946-1958 under the fourth republican constitution. The Constitution expressed full faith in the Fundamental Rights and Freedoms of the French people. The President of the Council shall ensure the enforcement of the laws. 1958: 5th Republic It consisted of 14 members. In case of a tie, the President shall cast the deciding vote. Bills introduced by members of the National Assembly shall be filed with its Secretariat. The Ministers shall have access to the two Chambers and to their Committees. The chairmen of the National Assembly and the Council of Republic together with ten other members were made its members. The Fourth Republic saw frequent changes in government. The Nation shall proclaim the solidarity and equality of all the French people with respect to burdens resulting from national disasters. On June 13 a Cabinet committee consisting of the four Ministers of State and the Minister of Justice, and presided over by General de The legislative regime of the Overseas Departments shall be the same as that of the Departments of Metropolitan France, save for exceptions determined by law. The French Fourth Republic ( French: Quatrième république française) was the republican government of France between 1946 and 1958, governed by the fourth republican constitution. The President of the Republic shall appoint the President of the National Assembly as President of the Council. The Nation shall guarantee equal access of children and adults to education, professional training, and culture. The Economic Council may also be consulted by the Council of Ministers. This bill shall be submitted to Parliament and adopted by the same majority and according to the same rules established for any ordinary legislative enactment. Should the President of the Republic not promulgate a law within the time limit fixed by the present Constitution, the President of the National Assembly shall promulgate it. The French Republic, faithful to its traditions, shall respect the rules of public international law. Everyone may defend his rights and interests by trade-union action and may join the union of his choice. It shall give its opinion not more than two months after receipt of each bill sent it by the National Assembly. The position of the Associated States within the French Union shall, in the case of each individual State, depend upon the Act that defines its relationship to France. However, no proposals which tend to increase appropriations already decided upon, or to create new ones, may be presented during the discussion of the Budget and of prospective or supplementary appropriations. The Council of the Republic shall sit at the same time as the National Assembly. It was characterized by a weak and decentralized government. An organic law shall determine the mode of representation of the different sections of the population. In 1959 de Gaulle was inaugurated as the first president of the Fifth Republic, with Debré as his prime minister. The new constitution included several revisions intended to ensure a stable government, but it did not resolve the nation’s recurrent cabinet crises. It was in many ways a revival of the Third Republic that was in place from 1870 during the Franco-Prussian War to 1940 during World War II, and suffered many of the same problems. Reports of the debates in extenso, as well as parliamentary documents, shall be published in the “Journal Officiel.”. For removing constitutional deadlocks and for solving disputes regarding the provisions of the Constitution, a new institution—a 12- member Constitutional Committee was created. Marshal Pétain was granted the full powers and commissioned to draft a new Constitution by 569 of the 666 voters (80 voted no and 17 did not vote). The people shall exercise it, in constitutional matters, through the vote of their representatives or through the referendum. It provided for a centralized system, as the local governments drew all their powers from the central government. No one may be a member of the National Assembly and of the Council of the Republic at the same time. An Economic Council, whose statute shall be determined by law, shall examine the bills within its purview in order to give its opinion thereon. The National Assembly shall convene by law every year on the second Tuesday in January. A vote of confidence may not be taken until one full day after the request has been made to the Assembly. It may submit proposals to the French Government and to the High Council of the French Union. It did not provide for the constitution of the Supreme Court, method of election and qualifications of the members of Parliament etc. Its composition and its powers shall be determined by law. It shall dispose definitively and absolutely of the amendments proposed by the Council of the Republic, accepting or rejecting them in whole or in part. No constitutional amendment affecting the existence of the Council of the Republic may be adopted without the concurrence of said Council or recourse to a referendum. All property and all enterprises that now have, or subsequently shall have the character of a national public service or of a monopoly in fact, must become the property of the community. It was also given the responsibility to maintain discipline among the judges. France emerged from World War II to face a series of new problems. TITLE VII—THE LEGAL RESPONSIBILITY OF MINISTERS, SECTION III—THE OVERSEAS DEPARTMENTS AND TERRITORIES, TITLE IX—THE HIGH COUNCIL OF THE JUDICIARY, § 313.6(C)(2) of the Compendium II: Copyright Office Practices, https://en.wikisource.org/w/index.php?title=French_Constitution_of_1946&oldid=9549665, Creative Commons Attribution-ShareAlike License. The President of the Republic shall preside over the Council of Ministers. Art. On condition of reciprocal terms, France shall accept the limitations of sovereignty necessary to the organization and defense of peace. The new President of the Republic shall be elected within ten days, except under the conditions specified in the preceding Article. The National Assembly alone shall pass the laws. “The President of the Council shall pronounce the extraordinary session closed in accordance with the procedure set forth in Article 9. Everyone shall have the obligation to work and the right to obtain employment. Should these amendments be totally or partially rejected, the second reading of the bill shall be voted upon by public ballot and by an absolute majority of the members of the National Assembly whenever the vote on the whole bill has been taken under the same conditions by the Council of the Republic. The Cabinet may not be refused a vote of confidence except by an absolute majority of the Deputies in the Assembly. Report a Violation, Features of the Constitution of the French Fifth Republic, Salient Features of French Government under Fifth Republic, The Rights and Freedom of the Citizens of France. Where the referendum is held on the recommendation of the Government, the latter shall make a statement before each House and the same shall be followed by a debate. The President of the Republic shall appoint in the Council of Ministers, the Councillors of State, the Grand Chancellor of the Legion of Honor, ambassadors and envoys extraordinary, members of the High Council and of the Committee for National Defense, rectors of the universities, prefects, directors of the central administrative services, high ranking officers and Government representatives in the Overseas Territories. “The time limits specified in the present Article shall be suspended during recesses of the session. The postwar provisional president Charles de Gaulle resigned in 1946, expecting that public support would bring him back to power with a mandate to impose his constitutional ideas. Should the opinion of the Council of the Republic not be in agreement with that of the National Assembly, the latter body shall examine the bill on second reading. Article 51 shall not be applied as the result of any ministerial crisis occurring within the fifteen-day period after the appointment of the Ministers. Content Filtrations 6. The President of the Republic may, on a recommendation from the Government It may include only such provisions as are strictly financial. The status of the respective members of the French Republic and of the French Union shall be subject to change. The Overseas Territories shall be granted a special statute which takes into account their particular interests with relation to the general interests of the Republic. He shall be responsible to the Government for his actions. If the National Assembly passed it a second time, it was to be put to a referendum. Out of these ten, seven members were elected by the Council of Republic. The two possible solutions were either to reestablish the "Constitution of 1875" or to draft a new Constitution. A motion of censure may be adopted only by an absolute majority of the Deputies in the Assembly. He shall be the administrative head of the Territory. The following is a list of existing national constitutions by country, semi-recognized countries, and by codification.It excludes those such as the Polish Constitution of 1791 and the Spanish Constitution of 1812 (constitutions that once existed but were later repealed). The Fourth Republic Both world wars were over, the Great Depression was solidly in the past, and France was free from the puppet Vichy government. It shall be submitted to a referendum unless it has been adopted on second reading by a two-thirds majority of the National Assembly, or by a three-fifths majority of each of the two assemblies. He shall be eligible for re-election only once. Any individual who, because of his or her age, his or her physical or mental condition, or because of the economic situation, shall find himself or herself unable to work, shall have the right to obtain from the community the means for a decent existence. The Council of the Republic shall meet on the third Tuesday following its election. During its operation, France earned the notorious distinction of experiencing political instability. The Secretariat of the National Constituent Assembly shall be responsible for ensuring the continuity of national representation until the meeting of the Deputies of the new National Assembly. Except in cases of flagrante delicto, authorized prosecution or final conviction, no member of Parliament may be arrested, when Parliament is not in session, except upon authorization from the Secretariat of the Chamber of which he is a member.”. He must convene it upon the request of half its members. They may be extended by a decision of the National Assembly.”. Parliament shall be composed of the National Assembly and the Council of the Republic. In the groups of Territories, the management of matters of common interest shall be entrusted to an Assembly composed of members elected by the Territorial Assemblies. “With regard to financial and budget bills, the time limit allowed the Council of the Republic must not exceed the time previously taken by the National Assembly for its consideration and vote. The National Assembly shall convene by law on the third Thursday following the general elections. Its principle shall b… In the event of occupation of all or part of the metropolitan territory by foreign powers, no procedure of amendment may be undertaken or continued. the Constitution, would affect the functioning of the institutions. A free and direct election system and a secret ballot was introduced in France. The Constitution of the Fourth Republic was a rigid constitution. The President of the Republic shall accredit ambassadors and envoys extraordinary to foreign powers; foreign ambassadors and envoys extraordinary shall be accredited to him. The Council of the Republic shall examine, in order to give its opinion thereon, the bills passed on first reading by the National Assembly. National sovereignty belongs to the French people. Additionally, the government proved unable to make effective decisions regarding decolonization. He shall sign and ratify all treaties. The Ministers shall be legally responsible for crimes and misdemeanors committed in the exercise of their office. The Council of the Republic shall be renewable one half at a time. Whenever a treaty such as those mentioned in Article 27 is concerned, such denunciation must be approved by the National Assembly, except in the case of commercial treaties. After this, the proposal was drafted into a regular bill and was required to be passed by the two Houses of the Parliament as an ordinary law. The new provisions of Article 9 of the Constitution shall not enter into effect before the first Tuesday in October following the promulgation of the constitutional revision law. France had 26 different governments during the Fourth Republic’s 12-year existence. “Should the Council of the Republic not pronounce itself within the time limits specified in the preceding paragraphs, the law shall be ready for promulgation in the text voted by the National Assembly. The central organs of the French Union shall be: the Presidency, the High Council and the Assembly. This status may in no case constitute a ground for refusing or restricting the rights and liberties pertaining to the status of French citizens. While the nature of the French polity continues to be Republican, Unitarian and Democratic, the Constitution of the Fifth Republic provides for a synthetic system of government. He, in turn, shall be replaced in his duties by a Vice President. Should the opinion of the Council of the Republic be in agreement with that of the National Assembly or should it not have been given within the time limits specified in the preceding paragraph, the law shall be promulgated in the text as voted by the National Assembly. French Embassy, Press and Information Division, 610 Fifth Avenue, New York 20, N.Y. France shall be a Republic, indivisible, secular, democratic, and social. The Fourth Republic of France: Constitution and Political Parties. All French subjects and nationals of both sexes, who are majors and enjoy civil and political rights, may vote under the conditions prescribed by law. Four judges were elected for six years by members of the legal profession and six other alternative members were also appointed to it. Its function shall be to assist the Government in the general conduct of the affairs of the Union. The Constitution of the Fourths Republic, like the American Constitution, was a written constitution. The Assembly of the French Union shall be composed half of members representing Metropolitan France and half of members representing the Overseas Departments and Territories and the Associated States. The Fourth Republic saw frequent changes in government. Six of its members were elected by the National Assembly by a 2/3rd majority vote. Members of the High Court of Justice shall be elected by the National Assembly at the beginning of the term of each legislature. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. “Unless it has examined the bill on first reading, the Council of the Republic shall pronounce itself not more than two months after receipt of the text adopted on first reading by the National Assembly. “The vote shall be taken by secret ballot and by a majority of the votes cast. The present constitutional law shall be enforced as the Law of the State. The Constitution provided for a new body—the Superior Council of Judiciary. Citizens not claiming French civil status, shall retain their personal status so long as they do not renounce it. The President of the Council shall supervise the armed forces and shall coordinate all measures necessary for national defense. Constitution of the Fourth Republic It soon became clear that the apparent unity forged in the Resistance was superficial and that the new political elite was sharply divided over the form of the new republic. However, the two Chambers shall be elected on a territorial basis, the National Assembly by direct popular vote, the Council of the Republic by the communal and departmental collectivities, by indirect popular vote. The office of President of the Republic shall be incompatible with any other public office. The people were declared to be the sole source of power and authority. During a period of not mere than one year after the meeting of the National Assembly, the Council of the Republic may officially deliberate as soon as two thirds of its members shall have been proclaimed elected. Decisions made by the councils shall be carried out by their mayor or by their president. Any member of Parliament arrested when Parliament is not in session may delegate his vote as long as the Chamber of which he is a member has not pronounced itself on the removal of his parliamentary immunity. The word empire traditionally describes a state ruled by an emperor (with claims to succeed the Roman Empire); a title possessed by Napoleon Bonaparte and Napoleon III. Article II of the Constitution accepted the objectives of Liberty, Equality and Fraternity for the people. Until the meeting of the Assembly of the French Union and during a maximum period of one year dating from the meeting of the National Assembly, the application of Articles 71 and 72 of the present Constitution shall be suspended. The local administrative units shall be free to govern themselves by councils elected by popular vote. It was prepared by a specially elected constituent Assembly. The Constitution of the Fourth Republic was man-made constitution. The Constitution declared: “France is a Republic—indivisible, secular, democratic and social.” Under the constitution, Parliamentary Democracy was established in France. The Secretariat of the National Constituent Assembly shall be responsible for preparing the meeting of the Assemblies created by the present Constitution and, especially, for providing, before the meeting of their respective Secretariats, the premises and administrative facilities necessary to the exercise of their functions. The Preamble declared: “France forms with the people of its overseas territories, a Union based upon equality of rights and duties without distinctions of race or religion.”. No member of Parliament may be prosecuted, sought by the police, arrested, detained, or tried because of opinions expressed or votes cast by him in the exercise of his office. The right to vote was given to all people on the principle of Universal Adult Franchise. Disclaimer 9. If it has not pronounced itself during the thirty days following the opening of the session, the arrested member shall be released by law. ARTICLE (1)11. He shall be elected for seven years. “Bills introduced by members of Parliament are filed with the Secretariat of the Chamber to which the latter belong, and sent, after adoption, to the other Chamber. The vote on such a motion may not be taken until one full day after the motion has been made. The Assembly shall be empowered to express its opinion on resolutions proposed by one of its members and, if these resolutions are accepted for deliberation, to instruct its Secretariat to send them to the National Assembly. In spite of its weakness and shortcomings, the "1875 Constitution" remained in effect until 1940. Diplomatic treaties duly ratified and proclaimed having authority superior to that of domestic legislation, their provisions shall not be abrogated, modified or suspended without previous formal denunciation through diplomatic channels. The President of the Council and the Ministers chosen by him shall be appointed by a decree of the President of the Republic. Members of Parliament may not be members of the Economic Council nor of the Assembly of the French Union. The Assembly of the Union may not sit during recesses of Parliament. In all other matters, the French law shall be applicable in the Overseas Territories only by an express provision to that effect, or if it has been extended to the Overseas Territories by decree, after consultation with the Assembly of the Union. Diplomatic treaties duly ratified and proclaimed shall be enforced even though they be contrary to French domestic laws, and no legislative acts, other than those necessary to ensure their ratification, shall be required for their enforcement. The National Assembly may entrust to the “Cour des Comptes” all Special laws shall determine the conditions under which they may exercise their rights as citizens. The President of the Council of Ministers may delegate his powers to a Minister. The coordination of the activities of Government officials, the representation of the national interests, and the administrative control of these units shall be ensured, within the departmental framework, by delegates of the Government appointed in the Council of Ministers. Content Guidelines 2. It was given more powers than the Council of the Republic. France shall form with the peoples of her Overseas Territories a Union based upon equality of rights and privileges, without distinction as to race or religion. It also declared a war against the use of arms against the freedom of other people. This statute and the internal organization of each Overseas Territory or group of Territories shall be determined by law after the Assembly of the French Union has expressed its opinion thereon, and after consultation with the Territorial Assemblies. In a more general sense, the French Empire described France's colonies and dominions overseas. With all these features, the Constitution of the Fourth Republic served as the basis of Government for nearly 12 years. “Failing agreement within a period of one hundred days from the day on which the bill was submitted to the Council of the Republic for a second reading this period being reduced to one month for financial and budget bills, and to fifteen days in cases of procedure applying to urgent matters the National Assembly may rule definitively either by readopting the last text passed by it, or by modifying this text through the acceptance of one or several amendments proposed to it by the Council of the Republic. The President of the Republic shall not be responsible except for high treason. The Constitution declared France to be a Republic. Each of the two Chambers shall pass upon the eligibility of its members and the regularity of their election; each one shall accept the resignation of its own members. Privacy Policy 8. Bills introduced by members of the Council of the Republic are not admissible if they might result in the reduction of revenues or the creation of new expenditures.”. The government had its powers from the people and was ultimately responsible to them. So much so in 1958, it had to be scrapped because of a weak administration and the political unrest that was prevailing in France and Algeria. When the National Assembly shall have adopted a rule for emergency procedure, the Council of the Republic shall give its opinion within the same period of time as that provided for debate in the National Assembly by the rule of that body. Avant–projet, ordre du jour et proposition de règlement du gouvernement du conseil des ministres - Archives Nationales - F-60-2566 - (1).jpg 934 × 1,195; 429 KB. The Fourth Republic could no longer command respect or authority and a crisis was avoided only by the appointment of General de Gaulle as Premier, on the understanding he would present a new constitution to the electorate for approval. No section of the people, nor any individual may assume its exercise. The proposed Budget shall be submitted to the National Assembly. The Provisional Government constituted under the terms of Article 96, shall tender its resignation to the President of the Republic, as soon as he has been elected by Parliament under the conditions set forth in Article 29 above. No cession, no exchange, and no addition of territory shall be valid without the consent of the populations concerned. This resolution shall stipulate the purpose of the amendment. The second and third paragraphs of Article 49 of the Constitution are hereby abrogated and replaced by the following provisions: “A vote of confidence may not be taken until twenty-four hours after the request has been made to the Assembly. The Fourth Republic of France: Constitution and Political Parties By O. R. Taylor Royal Institute of International Affairs, 1951 Read preview Overview Politics, Society and Christianity in Vichy France By W. D. Halls Berg, 1995 The national anthem shall be the “Marseillaise.” The motto of the Republic shall be "Liberty, Equality, Fraternity." Passage of a motion of censure by the National Assembly shall automatically result in the collective resignation of the Cabinet. The establishment of free, secular, public education on all levels, shall be a duty of the State. The President of the Council and the Ministers may not be appointed until the President of the Council receives a vote of confidence from the National Assembly by public ballot and by an absolute majority of the Deputies, except in the case a force majeure shall prevent the National Assembly from meeting. It should not be regarded as a political history of the Fourth Republic. A Striking feature of this constitution was that it was incomplete in many ways. Under the constitution crafted by Charles de Gaulle with the help of Michel Debré, executive power was increased at the expense of the National Assembly. The detention or prosecution of a member of Parliament shall be suspended if the Chamber of which he is a member so demands. Should the National Assembly adopt a rule for emergency procedure, the time limit shall be double that provided for debate in the National Assembly by the rule of that body. The President of the French Union shall convoke the Assembly of the French Union and shall close its sessions. Excerpt. of the division of the people. The provisions of the preceding paragraph may not be applied before the expiration of the first eighteen months of the term of the legislature. The High Council of the Judiciary shall be composed of fourteen members: The decisions of the High Council of the Judiciary shall be determined by majority vote. The national emblem shall be the tricolor flag, blue, white, and red, in three vertical bands of equal dimensions. The French Republic is one and indivisible. He shall order the minutes of their meetings to be recorded and shall keep them in his possession. Should, in application of the preceding Article, the election take place during the period when the National Assembly is dissolved in conformance to Article 51, the powers of the President of the Republic in office shall be extended until a new President is elected. The Deputies of the National Assembly shall have the power to initiate expenditures. The constitution founded a French Union consisting of metropolitan France, overseas departments, territories and associated territories and states. Media in category "French Fourth Republic" The following 7 files are in this category, out of 7 total. Not less than three months later, this resolution shall have a second reading under the same rules of procedure as govern the first reading, unless the Council of the Republic, to which the resolution has been referred by the National Assembly, shall have adopted the same resolution by an absolute majority. This Constitutional Committee was given the power of safeguarding the Constitution. Members of Parliament shall receive compensation for their services to be ascertained in relation to the salary of a given category of civil servants. investigations and studies concerning public revenues and expenditures or the management of the funds in the treasury. The French Fourth Republic was established after World War 2, but maintained most of the features of the Third Republic. 104(b)(5). The method of amendment was difficult and complicated. Another feature of the Constitution of the Fourth Republic was that it affirmed a faith in the principles of International law as accepted by the civilized states of the world. The National Assembly shall study the bills submitted to it through committees whose number, composition and scope it shall determine. Legislative powers with regard to penal law, civil liberties, and political and administrative organization in the Overseas Territories, shall rest with Parliament. So what could possibly go … The national anthem shall be the “Marseillaise.”. These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. Undertake wars of conquest and shall close its sessions covers both the groups metropolitan... 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