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5th Rep > Constitution of 1958 > Flashcards

Constitution of 1958 Flashcards

1
Q

Article 1

A

idea to proclaim equality before the law

social distinction justified if they further the common good

direct mention of rights mentioned in 1789

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2
Q

Article 2

A

principles creating unity of the nation

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3
Q

Article 3

A

defining constituent power - sovereignty defined as residing in the people

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4
Q

Article 5

A

PR as the arbiter of the nation

guarantor of national independence, territorial integrity and due respect for treaties

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5
Q

Article 6

A

(replaced/amended in 1962) direct universal suffrage for the PR

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6
Q

Article 8

A

PR appoints PM

PR can appoint/dismiss ministers at the proposal of PM

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7
Q

PR’s reserved powers in times of cohabitation

A

Art 5

Art 19 -> Art 8 para 1, Art 11, Art 12, Art 16, Art 18, Art 54, Art 56, Art 61

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8
Q

Article 9

A

PR presides over council of ministers

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9
Q

Article 10

A

PR promulgates acts of parliament and can ask (within 15 days) for parliament to reopen debate on any act (which cannot be refused)

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10
Q

Article 11

A

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

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11
Q

Article 12

A

PR can dissolve NA after consulting PM and presidents of both chambers

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12
Q

Article 13

A

PR signs ordinances and decrees deliberated upon in the council of ministers

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13
Q

Article 14

A

PR accredits ambassadors

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14
Q

Article 15

A

PR as commander-in-chief of the armed forces

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15
Q

Article 16

A

PR’s emergency powers in exceptional circumstances (times of threat to the French nation) to ensure stability,

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16
Q

Article 18

A

PR can give a speech in front of parliament before they convene which can lead to a debate (messages)

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17
Q

Article 19

A

powers PR can use without countersignature

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18
Q

Article 20

A

government determines and conducts policy of the nation

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19
Q

Article 21

A

PM directs work and actions of the government

PM responsible for national defence

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20
Q

Article 22

A

ministers countersign PM’s decisions when necessary

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21
Q

Article 23

A

holding government office incompatible with being a MP, being a representative at a national level, public employment, etc.

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22
Q

Article 24

A

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

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23
Q

Article 26

A

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

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24
Q

Article 27

A

no MP elected by any binding mandate

MP’s right to vote shall be exercised in person

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25
Q

Article 34

A

areas where the legislative power (parliament) can legislate (laundry list) through statutes or institutional acts

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26
Q

Article 36

A

state of siege (something between state of emergency and emergency powers of the president) decreed in the council of ministers

27
Q

Article 37

A

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

28
Q

Article 38

A

parliament can devolve power to government on a defined area for a limited period of time

ordinances issued by the council of ministers

29
Q

Article 39

A

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

30
Q

Article 41

A

proceedings/mechanisms of inadmissibility where a bill or amendment cannot proceed

31
Q

Article 44

A

MPs and the government have the right of amendment

32
Q

Article 49

A

NA’s vote of no confidence for government

33
Q

Article 55

A

international treaties prevail over acts of parliament once they are ratified

34
Q

Article 25

A

organic law that fixes the terms on which each House is elected

35
Q

Article 28

A

constraints for parliament to convene

limits the total days for an ordinary session

36
Q

Article 48

A

agenda determined by each house

2 out of 4 weeks with given priority to government

37
Q

Article 29

A

procedure for extraordinary session at the request of PM and majority of NA members

38
Q

Article 31

A

establishes that members of government have access to both assemblies and are heard when they ask for it

39
Q

Article 33

A

accountability of chambers

publishing of the entire report of proceedings in the officiel journal is required

40
Q

Article 42

A

more delay for parliament to examine a bill

41
Q

Article 43

A

bills referred to standing committees

extension of the number of permanent committees per house from 6 to 8

42
Q

Article 45

A

government and private member bills referred to both assemblies

if no agreement, NA has pre-eminence

43
Q

Article 50-1

A

enables expression on a given topic but not a vote of confidence

sending a political message and no legal consequences

44
Q

Article 52

A

president negotiates and ratifies treaties

45
Q

Article 54

A

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

46
Q

Article 56

A

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

47
Q

Article 58

A

CC ensures the proper conduct of the election of the president

proclaims results of the vote

48
Q

Article 59

A

CC ensures the proper conduct of the election of the members of the NA and senate in disputed cases

49
Q

Article 60

A

CC ensures the proper conduct of referendum proceedings as provided for in art 11 and 89 and title XV

proclaims results of the referendum

50
Q

Article 61

A

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

51
Q

Article 61-1

A

CC can conduct a posteriori review through QPCs

52
Q

Article 64

A

president as the guarantor of the independence of the judicial authority

assisted by the high council of the judiciary

judges irremovable from office

53
Q

Article 65

A

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

54
Q

Article 66

A

no one shall be arbitrarily detained

judicial authority as the guardian of the freedom of the individual

55
Q

Article 66-1

A

no one sentenced to death

56
Q

Article 67

A

president’s immunity to acts carried out in office

ratione materiae

57
Q

Article 68-1

A

members of government are criminally responsible for acts performed in the exercise of their functions

tried by the court of justice of the republic

58
Q

Article 68-2

A

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

59
Q

Article 69

A

economic, social and environmental council, on referral from the government gives opinions on bills, ordinances, decrees, etc.

60
Q

Article 88-1

A

French republic participates in the EU consisting of states which freely chose by virtue of the treaties to exercise some powers in common

61
Q

Article 88-2

A

transfer of powers necessary for the establishment of the European Economic and Monetary Union

62
Q

Article 88-3

A

right to vote and stand as a candidate in municipal elections granted only to citizens of the Union residing in France

63
Q

Article 88-4

A

specific committees in each house are to enact resolutions concerning EU policy

64
Q

Article 89

A

president and MPs can initiate amendments to the constitution

5th Rep (9 decks)

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