Constitution of 1958 Flashcards
Article 1
idea to proclaim equality before the law
social distinction justified if they further the common good
direct mention of rights mentioned in 1789
Article 2
principles creating unity of the nation
Article 3
defining constituent power - sovereignty defined as residing in the people
Article 5
PR as the arbiter of the nation
guarantor of national independence, territorial integrity and due respect for treaties
Article 6
(replaced/amended in 1962) direct universal suffrage for the PR
Article 8
PR appoints PM
PR can appoint/dismiss ministers at the proposal of PM
PR’s reserved powers in times of cohabitation
Art 5
Art 19 -> Art 8 para 1, Art 11, Art 12, Art 16, Art 18, Art 54, Art 56, Art 61
Article 9
PR presides over council of ministers
Article 10
PR promulgates acts of parliament and can ask (within 15 days) for parliament to reopen debate on any act (which cannot be refused)
Article 11
PR can solicit the people directly by means of referendum
decision to put an issue to referendum
used by de Gaulle to amend the constitution
Article 12
PR can dissolve NA after consulting PM and presidents of both chambers
Article 13
PR signs ordinances and decrees deliberated upon in the council of ministers
Article 14
PR accredits ambassadors
Article 15
PR as commander-in-chief of the armed forces
Article 16
PR’s emergency powers in exceptional circumstances (times of threat to the French nation) to ensure stability,
Article 18
PR can give a speech in front of parliament before they convene which can lead to a debate (messages)
Article 19
powers PR can use without countersignature
Article 20
government determines and conducts policy of the nation
Article 21
PM directs work and actions of the government
PM responsible for national defence
Article 22
ministers countersign PM’s decisions when necessary
Article 23
holding government office incompatible with being a MP, being a representative at a national level, public employment, etc.
Article 24
parliament passes statutes and monitors the action of the government (legislative can keep the executive in greater check)
parliament consists of 2 chambers (bicameralism): the NA and the Senate
NA elected through direct suffrage, Senate elected through indirect suffrage
Article 26
no MP shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties (irresponsibility)
limit of criminal charges for acts outside the scope of activity (felonies, misdemeanours) while in office (immunity)
the detention, subjecting to custodial or semi custodial measures, or prosecution of a MP shall be suspended for the duration of the session if the house of which he is a member so requires
Article 27
no MP elected by any binding mandate
MP’s right to vote shall be exercised in person
Article 34
areas where the legislative power (parliament) can legislate (laundry list) through statutes or institutional acts
Article 36
state of siege (something between state of emergency and emergency powers of the president) decreed in the council of ministers
Article 37
regulation when matters are not under the scope of statutory law
CC sees to it that the legislative power does not legislate beyond what is permitted by the constitution
Article 38
parliament can devolve power to government on a defined area for a limited period of time
ordinances issued by the council of ministers
Article 39
both PM and MPs can initiate legislation
government bills discussed in the council of ministers after consultation with the council of state before tabling the bill in the NA or Senate
Article 41
proceedings/mechanisms of inadmissibility where a bill or amendment cannot proceed
Article 44
MPs and the government have the right of amendment
Article 49
NA’s vote of no confidence for government
Article 55
international treaties prevail over acts of parliament once they are ratified
Article 25
organic law that fixes the terms on which each House is elected
Article 28
constraints for parliament to convene
limits the total days for an ordinary session
Article 48
agenda determined by each house
2 out of 4 weeks with given priority to government
Article 29
procedure for extraordinary session at the request of PM and majority of NA members
Article 31
establishes that members of government have access to both assemblies and are heard when they ask for it
Article 33
accountability of chambers
publishing of the entire report of proceedings in the officiel journal is required
Article 42
more delay for parliament to examine a bill
Article 43
bills referred to standing committees
extension of the number of permanent committees per house from 6 to 8
Article 45
government and private member bills referred to both assemblies
if no agreement, NA has pre-eminence
Article 50-1
enables expression on a given topic but not a vote of confidence
sending a political message and no legal consequences
Article 52
president negotiates and ratifies treaties
Article 54
on referral from the president, the PM, president of either the NA or the senate, 60 members of the NA or senators, the CC can review the constitutionality of a treaty
if something is in contradiction with the constitution, authorisation to ratify can be given only after amending the constitution
Article 56
CC has nine members who all hold office for non-renewable term of nine years
1/3 of membership of CC is renewed every three years
3 members appointed by the president, 3 by the president of the NA and 3 by the president of the senate
former presidents are ex officio life members of the CC
president of the CC appointed by the president and has a casting vote
Article 58
CC ensures the proper conduct of the election of the president
proclaims results of the vote
Article 59
CC ensures the proper conduct of the election of the members of the NA and senate in disputed cases
Article 60
CC ensures the proper conduct of referendum proceedings as provided for in art 11 and 89 and title XV
proclaims results of the referendum
Article 61
requirement that institutional acts regarding the administration of powers have to pass to the CC
importance to CC to ensure that institutions designed to rationalise parliament are not ignored
Article 61-1
CC can conduct a posteriori review through QPCs
Article 64
president as the guarantor of the independence of the judicial authority
assisted by the high council of the judiciary
judges irremovable from office
Article 65
high council of the judiciary presided over by the president
section with jurisdiction over judges comprises of the president, the minister of justice, 5 judges, a public prosecutor, a conseiller d’etat appointed by the conseil d’etat and three citizens appointed by the president, the president of the NA and the president of the senate
section with jurisdiction over public prosecutors comprises of the president, the minister of justice, 5 public prosecutors, a judge, and the same conseiller d’etat and three citizens as above
Article 66
no one shall be arbitrarily detained
judicial authority as the guardian of the freedom of the individual
Article 66-1
no one sentenced to death
Article 67
president’s immunity to acts carried out in office
ratione materiae
Article 68-1
members of government are criminally responsible for acts performed in the exercise of their functions
tried by the court of justice of the republic
Article 68-2
court of justice of the republic consists of 15 members: 12 MPs (6 from the NA and 6 from the senate) and 3 judges from the cour de cassation
Article 69
economic, social and environmental council, on referral from the government gives opinions on bills, ordinances, decrees, etc.
Article 88-1
French republic participates in the EU consisting of states which freely chose by virtue of the treaties to exercise some powers in common
Article 88-2
transfer of powers necessary for the establishment of the European Economic and Monetary Union
Article 88-3
right to vote and stand as a candidate in municipal elections granted only to citizens of the Union residing in France
Article 88-4
specific committees in each house are to enact resolutions concerning EU policy
Article 89
president and MPs can initiate amendments to the constitution
