Is it possible to change the Constitution?
- Is it possible to change the Constitution?
- Who is Above the Constitution?
- Why change of Constitution in 1958?
- What are the procedures for constitutional review?
- Who is at the top of the hierarchy of standards?
- Who signs a Constitution?
- When was the Constitution amended?
- Why are we changing Republics?
- What are the constitutional revisions of the Fifth Republic?
- What is Constitutional Review?
- What is the Constitutional Council?
- What are the reasons for the change?
- What is the role of the Constitution in democratic states?
A Constitution “rigid” can only be revised by a separate body (eg Congress of Parliament) and/or according to a different procedure (eg referendum) from those used for the adoption of ordinary laws. The Constitution is thus preserved from too frequent modifications.
The role of the head of state is defined by article 5 of the Constitution : “The President of the Republic ensures respect for the Constitution. It ensures, through its arbitration, the regular functioning of public authorities as well as that the continuity of the state.
The Constitution from October 4 1958 is the 17th Constitution French since 1789. She has more than 60 years of existence. She was drafted with a double objective: to strengthen the executive power and to rationalize the work of Parliament.
The constitutional revisions
- the agreement of the President of the Republic and the Government;
- the agreement of each of the two chambers;
- and, depending on the case, the agreement of the citizens (by referendum) or that of the Congress (two chambers united deciding by a majority of 3/5ths of the votes cast).
Hoisted to top of the hierarchy of standardsthe Constitution of October 4, 1958 acts as a standard supreme. The Constitution is a set of rules (89 articles) who tends to govern the allocation and exercise of power, it organizes the rules relating to sovereignty, to the Republic, to Parliament.
The president of the Republic sign ordinances and decrees deliberated in the Council of Ministers. He appoints to the civil and military posts of the State.
The revision of March 1, 2005 has summer adopted by Parliament summoned to Congress under Article 89 of the Constitution. She has amended the preamble of the Constitution of 1958 in order to integrate the Environmental Charter of 2004 into the block of constitutionality, that is to say into the standards of constitutional value.
Always a trigger for a new Republic In 1958, the uprising of the Pieds-noirs of Algiers against the regime, which they suspected of wanting to negotiate with the separatists of the FLN, provoked the establishment of the Ve Republic.
- All of revisions.
- 1962: the election of the president of the Republic by direct universal suffrage.
- 1974: reform of the mode of referral to the Council Constitutional.
- 1992: the Maastricht Treaty.
- 2000: the quinquennium.
- 2005: the environmental charter.
- 2008: ratification of the Lisbon Treaty.
Title XVI of the Constitution, which includes a single article – article 89 – is devoted to constitutional revision. However, twice, General de Gaulle used another procedure to revise the Constitution, namely Article 11 of the Constitution. The use of this last article in constitutional matters has been controversial.
We have the Constitutional Council which is an organization created by the French Constitution of the Fifth Republic of 1958. Which has the mission …
The reasons for the change are many. For example, it may be a matter of seeking “greater equality, (…) better justice and (…) more freedoms” (Marc GUILLAUME). This is the case, in particular, of the Constitutions of 17 and 1946 which, echoing important social demands, …
On the other hand, in democratic states (which qualify themselves as states governed by the rule of law) the Constitution goes beyond its primary role as the rule of the political game.