Summary
The preamble of the constitution recalls the Declaration of the Rights of Man and of the Citizen from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people.
It provides for the election of the President and the Parliament, the selection of the Government, and the powers of each and the relations between them. It ensures judicial authority and creates a High Court (a never convened court for judging the President), a Constitutional Council, and an Economic and Social Council. It was designed to create a politically strong President.
It enables the ratification of international treaties and those associated with the European Union. It is unclear whether the wording (especially the reserves of reciprocity) is compatible with European Union law.
The Constitution also sets out methods for its own amendment either by referendum or through a Parliamentary process with Presidential consent. The normal procedure of constitutional amendment is as follows: the amendment must be adopted in identical terms by both houses of Parliament, then must be either adopted by a simple majority in a referendum, or by 3/5 of a joint session of both houses of Parliament (the French Congress) (article 89). However, president Charles de Gaulle bypassed the legislative procedure in 1962 and directly sent a constitutional amendment to a referendum (article 11), which was adopted. This was highly controversial at the time; however, the Constitutional Council ruled that since a referendum expressed the will of the sovereign people, the amendment was adopted.
On 21 July 2008, Parliament passed constitutional reforms championed by President Nicolas Sarkozy by a margin of two votes. These changes, if finalized, introduce a consecutive two-term limit for the presidency, give parliament a veto over some presidential appointments, end government control over parliament's committee system, allow parliament to set its own agenda, allow the president to address parliament in-session, and end the president's right of collective pardon. (See French constitutional law of 23 July 2008)
Read more about this topic: Constitution Of France
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