Constitution of France: structure and characteristics

The first constitution of France was adopted in 1791. Later, in this state, a new fundamental law was approved more than once. In total, since the Great French Revolution, there were 17 constitutions in the country. Legislation was replaced by internal and external factors. For example, the French Constitution of 1848 was adopted as a result of the revolution that occurred in the same year. 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 Bayeux in 1956. Equally, Michel Debra (French Prime Minister) also influenced the basic law of France.

In the preamble of the document described, one 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 was also reflected in the French Basic Law (2004). The French Constitution of 1958 consists of 15 sections, which are divided into 93 articles. True, the French basic law lacks a chapter on rights and freedoms. Basically, the current constitution of France consists of articles relating to political institutions. Let us mention some of them:

Article 1. It traditionally mentions that France is a democratic and social republic. It is worth noting that, according to the article, France is a secular state. Therefore, when working on the EU Constitution, the French Prime Minister opposed the mention in her text of Christianity. It is also noted that all French are equal before the law, regardless of any factors.

Article 2. It indicates 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 showed that France is built on the principles of the rule of law and on sufficient control over the executive power.

Article 8. It mentions that the French Prime Minister should be appointed by the President.

Article 12. This article describes the procedure for dissolving the parliament, which the president can implement.

Article 88. This article describes the relations between France and the European Union.

During its existence, the French Constitution has undergone more than one amendment. So, in 1999, norms were introduced on the equality of the sexes. And in 2007, an amendment to Article 66 was introduced in France. It approved the ban on the death penalty. It is worth noting that France was the last country in the EU, where at the level of the constitution the capital punishment was banned.