The first constitution of France was adopted in 1791. Then in this state the new basic law was approved more than once. Since the time of the French Revolution, there have been 17 constitutions in the country. The change in legislation was influenced by both internal and external factors. For example, the French constitution of 1848 was adopted as a result of a revolution that took place in the same year. The adoption of one of the last major laws of the named country was influenced by the Second World War. So, immediately after its completion, the French Constitution of 1946 was proclaimed. But in this article we will talk about the features of the modern basic law of the country.
The modern constitution of France has been in force since 1958. Its creation was greatly influenced by the principles that Charles de Gaulle formulated in his famous speech in Bejo in 1956. Michel Debre (French Prime Minister) also influenced the basic law of France.
In the preamble of the document described, you can find references to the Declaration of Human Rights of 1789 and the introduction to the Constitution of 1946. Later, the Declaration of the Environment (2004) was also reflected in the French fundamental law. The French Constitution of 1958 consists of 15 sections, which are divided into 93 articles. True, the French fundamental law does not contain a chapter on rights and freedoms. Basically, the current constitution of France consists of articles relating to political institutions. We mention some of them:
Article 1. She traditionally mentions that France is a democratic and social republic. It is worth noting that, according to the mentioned article, France is a secular state. Therefore, when working on the EU constitution, the French Prime Minister opposed the mention of Christianity in her text. It is also noted that all French are equal before the law, regardless of any factors.
Article 2. It states here that the official language of the country is French. In addition, state symbols are described.
Articles 5 and 6 describe the functions of the president and emphasize that he is elected for 5 years (before that, the presidential term was 7 years). The French constitution gives the president very significant powers. Therefore, even in the time of Charles de Gaulle, there were many allegations that the regime of personal power was established in the country. Nevertheless, the functioning of the constitutional mechanism has shown that France is built on the principles of the rule of law and on sufficient control over the executive branch.
Article 8. It mentions that the French Prime Minister should be appointed by the President.
Article 12. This article describes the procedure for the dissolution of parliament, which the president can carry out.
Article 88. This article describes relations between France and the European Union.
During its existence, the French constitution has undergone more than one amendment. So, in 1999, norms on gender equality were introduced . And in 2007, an amendment to article 66 was introduced in France. She approved the ban on the death penalty. It is worth noting that France became the last country in the EU, where capital punishment was prohibited at the constitutional level.