Comparative Law Spring 2002 Professor Susanna Fischer

1. Comparative Law Spring 2002Professor Susanna Fischer CLASS 15 FRENCH CONSTITUTIONAL LAW Feb. 13, 2002

2. WRAP UP: Fundamental Structural Principles of the French Republic • France is an indivisible, secular, democratic and social republic • Rule of Law

3. Democratic • C. 1958 Art. 2: Republic is “ruled by the principle of government of the people by the people and for the people” • Idea of equality is essential here. • All 18 and over can vote • Representative democracy – see C. 1958 Art. 3 - direct election of National Assembly (though indirect election of Senate) (Art. 24) • Parliamentary democracy – how is U.S. congressional democracy different than parliamentary democracy?

4. Social • Preamble to the 1946 Constitution recognized, inter alia, social rights esp. social security rights such as health protections, sexual equality, and workplace rights, such as the right to work and right to leisure time. Also legitimized nationalization of many economic activities; this was implemented after WWII but there was extensive privatization under Prime Minister Jacques Chirac in late 1980s. • Preamble to 1946 Constitution is part of the French constitution. Other than this, what else comprises the “Constitutional Block”?

5. French “Constitutional Block” • 1958 Constitution • Declaration of Human and Civil Rights of 1789 • Preamble to the 1946 Constitution • Fundamental Principles Referred to in 1946 Preamble (up to Conseil constitutionnel to decide what these are. An example is freedom of association) • Note – because these were drafted at different times, there are often be conflicts between them

6. France: Separation of Powers • This concept stems from Montesquieu book: L’Esprit des Lois (1748) – advocated 3 branches of government (judicial, executive, legislative) • It is respected in France. • After 1958 France has stronger executive than Germany while German has stronger Parliament. Power of German Chancellor has varied over time.

7. France: Rule of Law (L’Etat de droit) • Idea here is not dissimilar to German Rechtstaat - the state is not above the law and the acts of public authorities should comport with law. This idea gives rise to a hierarchy of sources of law that must be respected.

8. The French Nation • Unlike Germany (and the U.S.), France is not a federation but is a unitary state. • Revolutionaries abolished old feudal regional administrative structures (provinces) and replaced with new structures (départements – 100 in total, 94 for mainland France) that strengthened the central state. • Growing trend (since 1982 decentralization law) to transfer power from central govt to local representatives. 1982: creation of régions (21 in mainland France)

9. Constitutional Amendment • Can the French Constitution be amended?

10. Constitutional Amendment • Can the French Constitution be amended? • Yes. See C. 1958 Art. 89 • To be proposed by President on PM’s proposal and by MPs • Either – voted on by both Houses in identical terms and then by referendum, or by 3/5 of both Houses meeting together • Constitution has been amended many times. • Can’t amend republican form of government.

11. A Reminder: Constitutional Amendment in the U.S. • The American constitutional amendment process is set out in Article V of the U.S. Constitution, which reads:  • The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the

12. A Reminder: Constitutional Amendment in the U.S. cont’d legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. 

13. Parliament and Legislation • How many houses of Parliament are there in France, and what are they called?

14. Parliament and Legislation • How many houses of Parliament are there in France, and what are they called? • 1. National Assembly (L’Assemblée Nationale) – in Palais Bourbon on Seine in Paris • 2. Senate (Senat) –in Palais du Luxembourg in Paris • See C. 1958 Art. 24

15. National Assembly • How many deputies are there? How are they chosen? • How long do they serve? • When was the last election? • When will the next election take place?

16. National Assembly • How many deputies are there? 577 • How are they chosen? Directly elected by voters in 577 parliamentary constituencies (between 2 and 24 per department) Must get either an absolute majority of votes on first ballot or a relative majority on second. • How long do they serve? 5 year term unless President dissolves National Assembly and calls election prior to end of this period. • The last election took place on May 25 (1st ballot) and June 1 (2d ballot) 1997. The next will take place in 2002 (June 9 & 16)

17. Political Groups • Size of political groups on 28th. march 2000Parti Socialiste: 252Rassemblement pour la République (RPR) Group: 137Union pour la Démocratie française (UDF) Group: 69Démocratie Libérale Group: 44Parti Communiste Française: 35Radical, citoyen, et Vert Group: 32Deputies not belonging to any group: 8Total: 577 including 60 women

18. Senate • How many members of the Senate are there? • How are they chosen?

19. Senate • How many senators are there? 321 • How are they chosen? Indirectly elected by a college of mayors and local councillors. Current system of election is not very proportional to numbers of electors in a specific region and biased toward small towns and rural areas. • Elected for 9 years (in thirds every 3 years). Must be at least 35. • Last election was in September 2001

20. 321 Senators: Political Groups • Communist – 23 • Rassemblement Démocratique et Social Européen 19 + 1=20 • Rassemblement pour la Republique – 83 +5 + 7 = 95 • Socialists – 80 + 2 + 1=83 • Groupe de l’Union Centriste – 51 +2 =53 • Groupe des Républicains et Indépendants Membres – 39 +2 =41 • Others - 6

21. Legislation • How is an Act of Parliament enacted in France? • See C. 1958 Arts. 39-45