May 1958 Crisis - The New Constitution

The New Constitution

Further information: Fifth French Republic and Constitution of France

De Gaulle blamed the institutions of the Fourth Republic for France's political weakness — a Gaullist reading still popular today. As he commissioned the new constitution and was responsible for its overall framework, de Gaulle is sometimes described as the author of the constitution, although it was effectively drafted during the summer of 1958 by the Gaullist Michel Debré. The draft tightly espoused the 1946 speech of Bayeux's propositions, leading to a strong executive and to a rather presidential regime — the President being granted the responsibility of governing the Council of Ministers, as well as to the adoption of article 16, granting "extraordinary powers" to the president if a state of emergency was proclaimed, and of bicameralism.

Although most politicians supported de Gaulle, François Mitterrand, who opposed the new Constitution, famously denounced "a permanent coup d'état" in 1964. On 28 September 1958, a referendum took place and 79.2% of those who voted supported the new constitution and the creation of the Fifth Republic. The colonies (Algeria was officially three departments of France, not a colony) were given the choice between immediate independence and the new constitution. All colonies voted for the new constitution and the replacement of the French Union by the French Community, except Guinea, which thus became the first French African colony to gain independence, at the cost of the immediate cessation of all French assistance.

De Gaulle was elected President of the French Republic and of the African and Malagasy Community on 21 December 1958 by indirect suffrage. He was invested on 8 January 1959. In the meanwhile, de Gaulle had met the German chancellor Konrad Adenauer on 14 September 1958; had sent a memorandum to US President Dwight D. Eisenhower on 17 September 1958, recalling his will of national independence; he also took financial measures on 27 December 1958 to reduce the state deficit, and, in Algeria, called for the "peace of braves" (paix des braves) in October 1958.