In accordance with the law, the High Council of the Judiciary shall ensure the discipline of these judges, their independence, and the administration of the courts. The second, third and fourth paragraphs of Article 45 of the Constitution are hereby abrogated and replaced by the following provisions: “The latter shall choose the members of his Cabinet and submit the list to the National Assembly, before which he shall appear to obtain a vote of confidence on the program and the policy that he intends to pursue, except in the case a force majeure shall prevent the National Assembly from meeting. The Constitution declared: “France is a Republic—indivisible, secular, democratic and social.” Under the constitution, Parliamentary Democracy was established in France. Within the period allowed for promulgation of a law, the Committee shall receive a joint request to examine the law from the President of the Republic and the President of the Council of the Republic, the Council having so decided by an absolute majority of its members. Its dissolution shall be proclaimed by a decree of the President of the Republic, in accordance with this decision. Out of these ten, seven members were elected by the Council of Republic. It was also given the responsibility to maintain discipline among the judges. After a short period of provisional government initially led by Gen. Charles de Gaulle (₩), the Fourth Republic was set up by a new constitution and established as a parliamentary form of government controlled by a series of coalitions. It began with a Preamble and there were 106 Articles in it. The Constitution of the Fourths Republic, like the American Constitution, was a written constitution. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. The right to vote was given to all people on the principle of Universal Adult Franchise. “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. France shall be a Republic, indivisible, secular, democratic, and social. Four judges were elected for six years by members of the legal profession and six other alternative members were also appointed to it. In all other matters, they shall exercise it through their Deputies in the National Assembly, elected by popular, equal, direct and secret ballot. Additionally, the government proved unable to make effective decisions regarding decolonization. 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 method of amendment was difficult and complicated. It may submit proposals to the French Government and to the High Council of the French Union. It must be consulted concerning the establishment of any national economic plan for full employment and the rational utilization of material resources. 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. Faithful to her traditional mission, France shall guide the peoples for whom she has assumed responsibility, toward freedom to govern themselves and toward the democratic administration of their own affairs; rejecting any system of colonization based upon arbitrary power, she shall guarantee to all equal access to public office and the individual or collective exercise of the rights and liberties hereinabove proclaimed or confirmed. 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. It consisted of 14 members. The National Assembly may entrust to the “Cour des Comptes” all It had the power of Judicial Review, and its decisions were final. Fourth Republic, government of the French Republic from 1946 to 1958. The President of the Republic was its President and the Minister of Justice was its Vice- President. It consisted of two Houses: The National Assembly was the lower, popular and representative House. The French Republic, faithful to its traditions, shall abide by the rules of international public law. The French Fourth Republicwas the republicangovernment of Francebetween 1946 and 1958, governed by the fourth republican constitution. The President of the Council shall ensure the enforcement of the laws. The new President of the Republic shall be elected within ten days, except under the conditions specified in the preceding Article. Article II of the Constitution accepted the objectives of Liberty, Equality and Fraternity for the people. 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. 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. “Should the National Assembly exceed or extend the time limits allotted to it for examination of the bill, the time limit provided for agreement by the two Chambers shall be increased accordingly. 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. 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. War may not be declared without a vote by the National Assembly and the preliminary opinion of the Council of the Republic. Legislative powers with regard to penal law, civil liberties, and political and administrative organization in the Overseas Territories, shall rest with Parliament. No one may suffer in his work or his employment because of his origin, his opinions or his beliefs. “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. Significantly, secularism was a centre piece of the 1946 Fourth Republic Constitution, the ideological defeat of the pro-Nazi Vichy regime that had reinstated the … The President of the Republic may, on a recommendation from the Government He shall order the minutes of their meetings to be recorded and shall keep them in his possession. The Fourth Republic of France: Constitution and Political Parties. “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. TOS 7. Under it, it was said that there were no French colonies, but that metropolitan France, the overseas departments, and the overseas territories combined to create a single French Union, or just one France. This was perfectly in line with the accepted principles of Parliamentary Democracy. Six of its members were elected by the National Assembly by a 2/3rd majority vote. Should the law be judged as conforming with the provisions in Titles I through X of the present Constitution, it shall be promulgated within the period specified in Article 36, said period being prolonged by the addition of the periods specified in Article 92 above. The President of the Republic shall promulgate the laws within ten days after their text, as finally adopted, has been sent to the Government. The Fifth Republic (French: Cinquième République), France's current republican system of government, was established by Charles de Gaulle under the Constitution of the Fifth Republic on 4 October 1958. A law which, in the opinion of the Committee, implies amendment of the Constitution shall be sent back to the National Assembly for reconsideration. The vote shall be taken by public ballot. 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 time limits specified in the present Article shall be suspended during recesses of the session. The President of the Republic shall exercise the right of pardon in the High Council of the Judiciary. 4emerep-institutions.png 906 × 787; 97 KB. The Economic Council may also be consulted by the Council of Ministers. Thus, the method of amendment was a difficult and complicated one. Fourth Republic 1946-1958. The President of the Republic shall be elected by Parliament. My account of the political parties covers both the groups of metropolitan France and the extra-metropolitan activities of the French Union. It was in many ways a revival of the Third Republic, which was in place before World War II, and suffered many of the same problems. The Ministers shall be collectively responsible to the National Assembly for the general policy of the Cabinet and individually responsible for their personal actions. The vote on such a motion may not be taken until one full day after the motion has been made. They shall not be admissible if they might result in the reduction of revenues or the creation of new expenditures. In spite of its weakness and shortcomings, the "1875 Constitution" remained in effect until 1940. The President of the Republic shall preside over the High Council of the Judiciary. The French Republic, one and indivisible, shall recognize the existence of local administrative units. The electoral regime, composition and powers of this Assembly shall be determined by law. Instead, the constituent assembly chose the socialist Félix Gouin to replace him. 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 Constitution, would affect the functioning of the institutions. Passage of a motion of censure by the National Assembly shall automatically result in the collective resignation of the Cabinet. 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. 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. Under it, it was said that there were no French colonies, but that metropolitan France, the overseas departments, and the overseas territories combined to create a single French Union, or just one France. The Constitution of the Fourth Republic provided for a Bicameral Parliament. It shall not undertake wars of conquest and shall never use force against the freedom of any people. 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. 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 President of the Council of Ministers and the members of Parliament shall propose legislation. This interval may be reduced to five days if the National Assembly declares a state of emergency. On 21 October 1945, a referendum was held about the Constitution. The Deputies of the National Assembly shall have the power to initiate expenditures. France adopted the constitution of the Fourth Republic on 13 October 1946. No one may be a member of the National Assembly and of the Council of the Republic at the same time. The National Assembly shall decide this question by secret ballot and by an absolute majority of its members, with the exception of those who may be called upon to participate in the prosecution, investigation, or judgment of the case. 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. 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. He, in turn, shall be replaced in his duties by a Vice President. 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. “The vote shall be taken by secret ballot and by a majority of the votes cast. An Economic Council, whose statute shall be determined by law, shall examine the bills within its purview in order to give its opinion thereon. However, bills tending to authorize the ratification of the treaties referred to in Article 27, budgetary or financial bills, and bills resulting in the reduction of revenues or the creation of new expenditures must be filed with the Secretariat of the National Assembly. Parliament shall elect this new President within ten days after the election of the new National Assembly. Within the time limit fixed for promulgation of a law, the President of the Republic, in a message stating his reasons, may ask that it be reconsidered by both Chambers; this reconsideration may not be refused. 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. The Constitution declared France to be a Republic. 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. “When the extraordinary session is held upon the request of the majority of the National Assembly or of its Secretariat, the cloture decree cannot be taken before Parliament has exhausted the limited agenda for which it has been convoked.”. A free and direct election system and a secret ballot was introduced in France. In 1946, after the war ended, French voters approved the constitution of the Fourth Republic. The second and third paragraphs of Article 14 of the Constitution are hereby abrogated and replaced by the following provisions: “Bills are filed with the Secretariat of the National Assembly or the Secretariat of the Council of the Republic. The national anthem shall be the “Marseillaise.”. ARTICLE 8 The President of the Republic shall appoint the Prime Minister. Adjournments of more than eight full days shall be considered as a recess.”. Amendment of the Constitution shall take place according to the following procedure: The amendment must be decided upon by a resolution adopted by an absolute majority of the members of the National Assembly. The chairmen of the National Assembly and the Council of Republic together with ten other members were made its members. The motto of the Republic shall be "Liberty, Equality, Fraternity." The leader of the majority party in the lower popular house of the Parliament was to be appointed as the Prime Minister of France. Bills introduced by members of the Council of the Republic shall be filed with its Secretariat and sent without debate to the Secretariat of the National Assembly. Should, in the course of an eighteen-month period, two ministerial crises occur under the conditions set forth in Articles 49 and 50, the Council of Ministers, with the concurrence of the President of the Assembly, may decide to dissolve the National Assembly. 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. The Overseas Territories shall elect representatives to the National Assembly and to the Council of the Republic under the conditions determined by law. Until the organization of the Economic Council and during a maximum period of three months dating from the meeting of the National Assembly, the application of Article 25 of the present Constitution shall be suspended. The proposal for amendment could be made in the National Assembly. The Council of the Republic shall examine, in order to give its opinion thereon, the bills passed on first reading by the National Assembly. Perhaps more importantly, the Constitutional Committee could only intervene if it was appealed to by both the French president and a majority of the Council of the Republic (which was the name of the Senate under the Fourth Republic, although with very reduced powers compared to what it had under the Third and what it would have under the Fifth Republic). The National Assembly shall study the bills submitted to it through committees whose number, composition and scope it shall determine. The Fourth Republic was the government of France between 1946 and 1958. The National Assembly shall convene by law on the third Thursday following the general elections. 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. Part IV, 'Theory and Practice', is designed to show how the constitution has worked in practice. The local administrative units shall be free to govern themselves by councils elected by popular vote. FRENCH CONSTITUTION of the twenty-fourth of June, 1793. of the republic. Neither articles 49 and 50 nor article 89 of the Constitution shall be implemented during the vacancy of the Presidency of the Republic or during the period between the declaration of the permanent incapacity of the President of the Republic and the election of his successor. Members of the families that once reigned over France shall not be eligible for the Presidency of the Republic. Article 20 of the Constitution is hereby abrogated and replaced by the following provisions: “All bills shall be examined successively by both Chambers of Parliament, in view of securing the adoption of an identical text. The time limits specified in the present Article shall be suspended during recesses of the session. The French Union shall be composed of nations and peoples who shall place in common or coordinate their resources and their efforts in order to develop their respective civilizations, further their well-being, and ensure their security. The Constitution of the Fourth Republic was man-made constitution. The new constitution included several revisions intended to ensure a stable government, but it did not resolve the nation’s recurrent cabinet crises. The vote shall be taken by public ballot. The Council was to take its decisions by a majority vote and in case of a tie; the President was to exercise a casting vote. Members of Parliament may not be members of the Economic Council nor of the Assembly of the French Union. The government had its powers from the people and was ultimately responsible to them. The status of the respective members of the French Republic and of the French Union shall be subject to change. He shall appoint all civil and military officials except those specified in Articles 30, 46, and 84. The National Constituent Assembly has adopted. 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 Fourth Republic of France existed from 1946-1958 under the fourth republican constitution. The present Constitution shall be promulgated by the President of the Provisional Government of the Republic within two days after the date of the proclamation of the results of the referendum, and in the following manner: Aimed at the Revision of Articles 7 (addition), 9 (1st and 2nd paragraphs), 11 (1st paragraph), 12, 14 (2nd and 3rd paragraphs), 20, 22 (1st sentence), 45 (2nd, 3rd and 4th paragraphs), 49 (2nd and 3rd paragraphs), 50 (and paragraph) and 52 (1st and 2nd paragraphs) of the Constitution. In the event of a vacancy caused by death or any other circumstance, the Council of Ministers shall call upon one of its members to exercise temporarily the functions of the President of the Council of Ministers. The President of the Republic shall preside over the Council of Ministers. The present constitutional law shall be enforced as the Law of the State. This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. 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.”. Its principle shall be: government of the people, for the people, and by the people. 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. The President of the Council of Ministers may delegate his powers to a Minister. The French Fourth Republic was established after World War 2, but maintained most of the features of the Third Republic. The Government of the Republic shall coordinate these resources and direct such policies as will prepare and ensure this defense. These units shall comprise the Communes, the Departments, and the Overseas Territories. France adopted the constitution of the Fourth Republic on 13 October 1946. The first and second paragraphs of Article 9 of the Constitution are hereby abrogated and replaced by the following provisions: “The National Assembly shall convene by law for its regular session on the first Tuesday in October. Anyone persecuted because of his activities in the cause of freedom shall be entitled to the right of asylum within the territories of the Republic. 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