La Vème République, une constitution sur mesure ?

Name: La Vème République, une constitution sur mesure ?
Uploaded: 2021-10-18T16:00:01.000Z
Duration: 1 h 42 min 15 s

Introduction

The transcript begins with an introduction to the 1958 French constitution and its origins.

Origins of the 1958 Constitution

The 1958 constitution was specifically tailored for General de Gaulle, who was the President of France at that time.

This new regime introduced universal suffrage for the election of the President.

The location of power in this new system is discussed.

Importance of Clear Rules in a Constitution

The importance of clear rules in a constitution is highlighted, along with their role in determining who governs and makes laws.

The French Fifth Republic's constitution has faced questions because it was designed by and for General de Gaulle.

A constitution serves as the fundamental charter of a country, governing its political institutions and defining the relationship between citizens and the state.

Unlike countries like Britain, France has had numerous constitutions throughout its history.

Clear rules are necessary to establish who holds power and makes decisions.

Historical Context of French Constitutions

The historical context behind the development of French constitutions is explored.

France has a long tradition of having written constitutions, unlike countries such as Britain.

Various political systems have shaped French history, including Bonapartism and calls for a strong executive power directly elected by the people or through referendums.

Different movements within France sought to reform or strengthen existing regimes, leading to multiple constitutional changes over time.

Influence of Napoleon Bonaparte on French Politics

The influence of Napoleon Bonaparte on French politics is discussed.

There was a significant movement in French politics known as Bonapartism, which advocated for a strong executive power led by an individual who directly represented the people.

The experiences of the First and Second Empires had a profound impact on French society.

While many republicans rejected imperial systems as dictatorial, some still desired a stronger executive power for national recovery.

Calls for Reforming the Third Republic

Calls for reforming the Third Republic and strengthening executive powers are examined.

Intellectuals and political leaders recognized the shortcomings of the Third Republic and sought to reform it.

Figures like Léon Blum, Tardieu, and René Capitant proposed various reforms to enhance the powers of the President or Prime Minister.

These discussions laid the groundwork for future constitutional changes.

General de Gaulle's Critique of Parliamentary System

General de Gaulle's critique of the parliamentary system is explored.

General de Gaulle expressed criticism towards parliamentary systems, believing that they were ineffective in times of crisis.

He believed that parliaments talked too much but lacked decisive action.

De Gaulle's experiences during World War I further solidified his belief in the limitations of parliamentary systems.

De Gaulle's Vision for Presidential Authority

General de Gaulle's vision for presidential authority is discussed.

De Gaulle published several works expressing his ideas on military authority and command.

As a military man, he understood the importance of strong leadership and wanted to transpose this concept into politics.

His vision included a President who would be commander-in-chief, a Prime Minister responsible for execution similar to a chief of staff, and generals in ministries managing their respective departments.

Conclusion

The transcript provides insights into the origins of the 1958 French constitution, the importance of clear rules in a constitution, and the historical context that influenced French political systems. It also explores General de Gaulle's critique of parliamentary systems and his vision for presidential authority.

The Bayeux Speech and Disagreement with the Constitution

In his Bayeux speech on June 16, 1946, Charles de Gaulle expressed his disagreement with the proposed constitution of the Fourth Republic. He believed that the power of the state should not be in the hands of political parties but rather in the hands of a strong executive. This speech marked a rupture with the parliamentary system and emphasized de Gaulle's desire for a synthesis between parliamentary and authoritarian traditions.

De Gaulle's Disagreement with the Proposed Constitution

In his Bayeux speech, de Gaulle denounced the regime of political parties and criticized the proposed constitution.

He argued that France needed a president who could promulgate laws and issue decrees, rather than being governed by parliamentary parties.

De Gaulle saw this as a synthesis between France's parliamentary tradition and its authoritarian tradition from past empires.

Creation of RPF - Rally of the French People

To manifest his opposition to party politics, de Gaulle created his own political movement called Rassemblement du Peuple Français (Rally of the French People). The RPF gained significant support during municipal elections in October 1947 but eventually faced setbacks, leading to a period where de Gaulle played no active political role.

Creation and Success of RPF

On April 14, 1947, de Gaulle established his own political movement called Rassemblement du Peuple Français (Rally of the French People).

The RPF provided a platform for those who opposed party politics and sought an alternative force to support specific policies.

Surprisingly, RPF candidates achieved success in municipal elections in October of that year.

Setbacks for RPF

Despite initial success, de Gaulle decided to halt the RPF's progress, believing that he would not be able to seize power through democratic means.

This decision led to a period known as the "traversée du désert" (crossing of the desert), during which de Gaulle played no active political role.

Instability and Crisis of the Fourth Republic

The Fourth Republic faced instability due to frequent changes in government and political compromises. The economic crisis and lack of state authority further destabilized the republic. Events such as the Indochina War and Algerian conflict contributed to its downfall.

Political Instability

The Fourth Republic experienced constant ministerial instability and political compromises.

Changes in government were frequent, with ministers of finance being replaced multiple times within a year.

These instabilities reflected a political crisis and a lack of effective governance.

Economic Crisis and Lack of State Authority

France was heavily indebted, leading to an economic crisis that further weakened the state.

The lack of state authority undermined public confidence in the government's ability to address pressing issues.

Impact of Indochina War and Algerian Conflict

The Indochina War followed by the Algerian conflict destabilized the Fourth Republic even more.

In Algeria on May 13, 1958, supporters of French Algeria staged a coup d'état against the weak government.

Rise of De Gaulle as Savior

Following events in Algeria, de Gaulle emerged as a potential savior for France once again. Gaullist circles regained hope and mobilized their support for him. De Gaulle made his intentions clear by expressing his readiness to assume power if called upon.

De Gaulle's Resurgence

Supporters saw de Gaulle as the savior of France, similar to his role during World War II.

Gaullist circles became active again and rallied behind him.

De Gaulle's Declaration

On May 15, de Gaulle broke his silence and declared his readiness to assume the powers of the republic to resolve France's problems.

He emphasized that he had previously been trusted by the nation during difficult times and was prepared to lead once more.

De Gaulle's Plea for Democratic Principles

De Gaulle reassured journalists that his aim was not to become a dictator but rather to establish a strong executive branch. He sought to ensure that the president of the republic would be a true leader and head of state while upholding democratic principles.

Rejection of Dictatorship Label

De Gaulle responded to concerns about dictatorship by stating that he did not intend to embark on a career as a dictator.

His goal was to establish a presidency with real executive power without abandoning democratic principles.

Formation of Government under De Gaulle

Seizing the opportunity, de Gaulle moved quickly and convinced President René Coty to call him into power. In exchange, de Gaulle demanded full powers and constitutional revision. On June 1, 1958, he presented himself before the assembly for investiture.

Convincing President Coty

De Gaulle took advantage of the situation and persuaded President René Coty to appoint him into power.

In return for accepting this responsibility, de Gaulle demanded full powers and a constitutional revision.

Presentation before Assembly

Initially hesitant about appearing before parliament, de Gaulle eventually complied after being warned that avoiding it would be seen as a coup d'état.

On June 1, 1958, de Gaulle addressed the assembly and delivered his speech, leaving the other members stunned.

The Transition to the Fifth Republic

This section discusses the events leading up to the transition from the Fourth Republic to the Fifth Republic in France, including the granting of full powers to Charles de Gaulle and the passing of a constitutional law.

Granting Full Powers to De Gaulle

On a new vote, parliamentarians grant full powers to Charles de Gaulle for six months to resolve the crisis in France.

De Gaulle becomes the last president of the Council under the Fourth Republic.

De Gaulle emphasizes his commitment to democratic principles and not being an aspiring dictator.

Constitutional Law

On June 3rd, the National Assembly passes a constitutional law.

The law allows de Gaulle a limited duration of power to prepare a constitution and sets guidelines for this future constitution.

Key guidelines include respect for universal suffrage, separation of powers, government accountability, independence of judiciary, and transformation of French Union into a Francophone community.

Drafting the Constitution

This section focuses on the process of drafting the constitution for the Fifth Republic in France. It highlights de Gaulle's objectives and his collaboration with Michel Debré.

Objectives of De Gaulle

De Gaulle aims to change the role and position of the President of the Republic.

He seeks to establish a true parliamentary system with clear separation of powers.

De Gaulle intends to distribute competencies between legislation and regulation, allowing for autonomous government decision-making.

Collaboration with Michel Debré

A committee is formed under Michel Debré's leadership to draft an initial version of the constitution.

Debré holds discussions with de Gaulle about their vision for various elements within it.

The team includes young jurists from Conseil d'État and ministers from different political backgrounds.

The small, energetic team works around the clock to draft a cohesive and homogenous constitution.

Consultative Committee and Validation

This section discusses the consultative committee's role in finalizing the constitution and the validation process by the Council of State.

Consultative Committee

The consultative committee, composed of 39 members, is formed to review and provide input on the draft constitution.

Chaired by former Prime Minister Paul Reynaud, it represents a compromise between de Gaulle's authority and parliamentary tradition.

After a month of work, the committee unanimously adopts the text with some amendments.

Validation by Council of State

The Council of State provides legal validation for the draft constitution.

While necessary, this step does not significantly alter what has already been done.

Michel Debré presents an hour-long exposition of motives before the Council of State, explaining the government's intentions.

A key point discussed is distinguishing between legislative and regulatory domains.

Fracture Between Fifth Republic and Fourth Republic

This section explores the fundamental differences between the Fifth Republic and its predecessor, particularly regarding legislative powers.

The distinction between legislative and regulatory domains in Article 34 marks a significant legal revolution compared to the Fourth Republic.

Young advisors involved in drafting are not influenced by their knowledge or experience with the Fourth Republic.

These discussions aid in shaping important aspects of the new constitution.

The Process of Creating the Constitution

This section discusses the process of creating the constitution and questions its legitimacy.

Finding a Complicated Text

Michel Debré's government struggled to find a text that was more complex and longer than desired.

The constitutional text resulted from the government's actions, raising concerns about its legitimacy.

Legitimacy Questioned

The only legitimacy that gave power to General de Gaulle was the May 13th riots, which is legally questionable.

The values behind the constitution can be seen as a threat of a coup d'état.

General de Gaulle wanted to have the constitution approved by the people through a referendum.

Presentation of the Constitution

On September 4, 1958, General de Gaulle presented his constitutional project to the French people at Place de la République in Paris.

The project had been adopted by the Council of Ministers and would be submitted for referendum on September 28.

This marked an important step in French history and aimed to gain public support for the new institutions.

Adherence to New Institutions

The success of the referendum relied on French citizens' adherence not only to General de Gaulle but also to his proposed institutions.

These institutions represented a departure from traditional parliamentary practices since the French Revolution.

Symbolic Ceremony at Place de la République

A grand ceremony took place at Place de la République, symbolizing France's republican history.

Despite not being heavily attended, it was well-documented by photographers and television coverage, giving an impression of widespread support for the new institutions.

Campaigning for Referendum

This section focuses on campaigning efforts leading up to the referendum on adopting the new constitution.

Political Voices Heard

Various political voices were heard in favor or against the new institutions.

The left-wing, including the communists and socialists, expressed their opposition.

Pierre Mendès France and François Mitterrand were prominent figures against the new constitution.

However, the majority of socialists, as well as center and right-wing parties, supported the new institutions.

Dominance of General de Gaulle

The referendum campaign was dominated by General de Gaulle himself.

He presented a vision of a liberated France with an image of Marianne breaking chains on campaign posters.

Left-wing figures also campaigned in support of General de Gaulle and the new institutions.

Referendum Question

The referendum question asked for approval of both the new constitution and the creation of a new French community from former colonial territories.

Residents of these territories had the choice to vote for independence if they rejected the proposed constitution.

Referendum Results

Over 80% (21.3 million) voted in favor of adopting the new institutions, while 18.3% (4 million) voted against.

Guinea was excluded from the French community after voting against the proposed constitution.

Promulgation and Legislative Elections

This section covers promulgation of the constitution by President René Coty and organizing legislative elections.

Promulgation of Constitution

On October 4, 1958, President René Coty officially promulgated the newly adopted constitution.

Organizing Legislative Elections

The first test for General de Gaulle was to organize legislative elections held on November 23 and 30, 1958.

Abandoning Proportional Representation

General de Gaulle abandoned proportional representation used in previous governments under the Fourth Republic.

Instead, he opted for a majoritarian system to build a stable majority that would support his policies.

Campaigning for New Candidates

The 1958 campaign saw the emergence of new candidates, with a wave of change and a focus on forgetting the past.

Many prominent figures from the Fourth Republic, including Edouard Daladier, Pierre Mendès France, François Mitterrand, and Jacques Duclos, were defeated.

Success of General de Gaulle

General de Gaulle's gamble paid off as he secured a majority government in the legislative elections.

These elections marked the beginning of a rationalized parliamentary system under the new constitution.

New Section

This section discusses the rules and relations between the parliament and the government in order to ensure stability for the government's work. It also mentions the election process of the President of the Republic.

Relations Between Parliament and Government

The rules regarding the relations between parliament and government are organized to provide stability for the government's work.

The aim is to avoid blocking the government's work by having discussions and deliberations in parliament.

Election of President of the Republic

In previous republics, only parliamentarians elected the head of state.

In 1958, General de Gaulle was elected as President through a college of approximately 80,000 delegates from municipal councils.

This gave him a stronger mandate compared to previous presidents.

On January 8, 1959, Charles de Gaulle was inaugurated as President with René Coty as his predecessor.

New Section

This section highlights how the new institutions established under Charles de Gaulle did not change the mode of electing the President or their term duration. It also emphasizes de Gaulle's role as an autonomous leader within the executive branch.

Continuity in Presidential Election Process

The new institutions did not alter how presidents were elected or their term duration compared to previous republics.

Under Charles de Gaulle's leadership, there was continuity in this aspect.

Autonomy of Executive Branch

With these new institutions, there was less time spent on heated controversies.

The executive branch gained more weight and became more autonomous.

De Gaulle quickly asserted his authority by appointing Michel Debré as Prime Minister.

New Section

This section focuses on Charles de Gaulle's election as President with a significant percentage of votes. It also mentions the presence of other candidates in the election.

Election Results

On December 21, 1958, Charles de Gaulle was elected President with approximately 18.5% of the votes.

He competed against communist candidate Georges Marrane and other candidates who had a lesser impact.

New Section

This section discusses how Charles de Gaulle's election as President gave him a stronger position compared to previous presidents. It also highlights his inauguration and the support he received from René Coty.

Stronger Position as President

De Gaulle's election gave him a more significant mandate than previous presidents.

On January 8, 1959, he was inaugurated as President with René Coty's support.

New Section

This section describes Charles de Gaulle's early actions as President, including his appointment of Michel Debré as Prime Minister and his symbolic gestures at important national sites.

Early Actions as President

De Gaulle appointed Michel Debré as Prime Minister.

Together with René Coty, he visited the Arc de Triomphe to reignite the flame of the Unknown Soldier.

These actions showcased his leadership and commitment to national symbols.

New Section

This section explores how Charles de Gaulle did not pay much attention to René Coty after becoming President due to their personal differences. It also reflects on de Gaulle's perspective on assuming office in the newly established Fifth Republic.

Relationship with René Coty

De Gaulle did not personally hold René Coty in high regard.

As the first president of the Fifth Republic, de Gaulle saw himself differently and wrote about it in his memoirs.

New Section

This section highlights the primacy of the President of the Republic in the French Constitution. It emphasizes the importance given to the executive branch and stability in government actions.

Primacy of the President

The French Constitution places the President of the Republic at the forefront of institutions.

The President's role is to ensure stability, efficiency, and integrity in government actions.

The President has significant powers, such as dissolution, calling for referendums, and dominating over the Prime Minister.

New Section

This section explains how Michel Debré used architectural imagery to describe the President's role as a keystone between parliamentary and governmental forces. It also emphasizes that de Gaulle considered himself as the true leader of the government.

Architectural Imagery

Michel Debré described the President as a keystone, symbolizing their role in balancing parliamentary and governmental forces.

De Gaulle saw himself as not just a figurehead but as the true leader of the government.

New Section

This section discusses Article 5 of the French Constitution, which designates the President as a guardian or guarantor of constitutional integrity and institutional functioning. It highlights some extraordinary powers granted to them.

Powers of Article 5

Article 5 designates the President as a guardian or guarantor of constitutional integrity and institutional functioning.

The President has extraordinary powers such as dissolution, calling for referendums, and dominating over the Prime Minister.

These powers give legitimacy to their actions while ensuring stability and efficiency in governance.

New Section

This section reflects on how Article 16 grants extensive powers to an incumbent president during times of crisis. It traces its origins back to the memories of 1940 and the need for a president to fully embody the nation in perilous times.

Powers of Article 16

Article 16 grants extensive powers to the President during times of crisis.

These powers encompass executive, legislative, and judicial authority, including control over civil powers and police.

It is an exceptional power that allows the President to act decisively in critical situations.

The origins of Article 16 can be traced back to the memories of 1940 and the belief that a President should fully embody the nation during perilous times.

New Section

This section highlights how General de Gaulle planned ahead by developing secret strategies. It mentions his analogy of playing poker while others played cards.

Strategic Planning

General de Gaulle developed secret strategies known as "mini-stars."

President's Power to Remove Prime Minister

This section discusses the power of the President of the Republic to remove the Prime Minister and the role of the National Assembly in government dismissal.

President's Authority vs. National Assembly

The President can appoint the Prime Minister, but does not have the power to dismiss them.

Only the National Assembly can overthrow the government through a vote of no confidence or a motion of censure.

De Gaulle's Actions

De Gaulle disregarded this constitutional provision and removed Prime Minister Michel Debré without consulting Parliament.

He appointed Georges Pompidou as his replacement, who had no political background but was trusted by De Gaulle.

Independent Ministers

De Gaulle wanted ministers to be independent from parliamentary influence and pressure.

He recruited many ministers from outside Parliament to strengthen executive power.

Move Towards Direct Universal Suffrage

This section explores De Gaulle's push for direct universal suffrage for presidential elections and his motivation behind it.

Need for Legitimacy

After surviving an assassination attempt, De Gaulle realized that there needed to be a clear succession plan in case he died.

He believed that his successors would require legitimacy through direct universal suffrage to gain authority over Parliament.

Constitutional Revision Process

Article 89 of the Constitution outlines the process for revising it, requiring agreement between both houses of Parliament and ratification by three-fifths of parliamentarians or through a referendum.

To bypass resistance from politicians, De Gaulle proposed using Article 11 instead, which allows him to submit legislation directly to a referendum on matters concerning public powers' organization.

Opposition and Referendum

Jurists criticized De Gaulle's use of Article 11, arguing that it violated constitutional rules.

The Council of State advised against using Article 11, while the Constitutional Council declared itself incompetent.

Political parties, except for De Gaulle's own party, formed a coalition called the "Cartel des Non" to campaign against the constitutional reform.

Use of Article 11 and Opposition

This section focuses on De Gaulle's decision to use Article 11 and the strong opposition he faced from political parties.

Proposal and Criticism

De Gaulle presented his proposal for direct universal suffrage through a referendum on September 20.

Jurists mainly criticized the method used (Article 11) rather than the content of the constitutional revision.

Political Opposition

The political opposition, including socialists, independents, and radicals, formed a coalition called the "Cartel des Noms" to campaign against the reform.

Only De Gaulle's party, UMR (Union pour la Nouvelle République), supported him.

Motion of Censure

On October 5, the National Assembly passed a motion of censure against Pompidou's government in response to De Gaulle's proposal.

The Cartel des Noms viewed their opposition as representing progress against De Gaulle's conservative policies.

Due to limitations in understanding non-English languages accurately, some details may be missed or misinterpreted.

Presence of Old Spirits in the National Assembly

The speaker describes their physical experience in the National Assembly, sensing the return of old spirits. They observe that a majority of the assembly, including communists and sympathizers from other parties, are driven by a desire to exercise control over the government's policies and to overthrow anything that opposes exclusive party rule.

Return of Old Spirits

The speaker physically senses the presence of old spirits in the National Assembly.

The majority of the assembly, including communists and sympathizers from other parties, are animated by a desire to exercise control over government policies.

There is also a passion to overthrow anything that opposes exclusive party rule.

Crisis and Dissolution

The speaker discusses how this desire for control leads to a crisis. When Prime Minister Pompidou's government is put into minority, President de Gaulle reappoints him and dissolves the National Assembly. New legislative elections are scheduled for November 1962, preceded by a referendum campaign on universal suffrage.

Desire for Control Leads to Crisis

The desire for control over government policies leads to a crisis.

Prime Minister Pompidou's government is put into minority.

President de Gaulle reappoints Pompidou as Prime Minister and dissolves the National Assembly.

Referendum Campaign on Universal Suffrage

Before the legislative elections in November 1962, there is a referendum campaign on universal suffrage.

The campaign emphasizes that each French citizen has a stake in deciding the fate of their country through their vote.

Recognition and Balance

The speaker highlights two aspects influencing public opinion during the referendum campaign. Firstly, there is immense recognition for President de Gaulle's role in ending the Algerian War and his international vision. Secondly, there is a balance between opposition based on political principles and satisfaction with the results of the President's actions.

Recognition for President de Gaulle

There is immense recognition for President de Gaulle's decision to end the Algerian War.

The French appreciate his international vision and leadership.

The economy is thriving under his government, leading to increased incomes.

Balance of Opinion

There are both opponents who disagree with the President's political principles and supporters satisfied with his actions.

Public opinion is divided but balanced between these two perspectives.

Referendum Result and New Majority

The speaker discusses the outcome of the referendum, where the "yes" vote wins with just over 60% support. Although not as overwhelming as in 1958, it still provides a comfortable majority. Traditional parties are defeated, and in the subsequent legislative elections, President de Gaulle's party and its allies secure an absolute majority.

Referendum Outcome

The "yes" vote wins with just over 60% support in the referendum.

While not as decisive as in 1958, it still represents a comfortable majority.

New Majority in Legislative Elections

Traditional parties are defeated in the legislative elections.

President de Gaulle's party and its allies obtain an absolute majority in the National Assembly.

This marks a significant event in French politics, as it is the first time there is a stable, coherent, and homogeneous majority.

Birth of Fifth Republic

The speaker reflects on how Raymond Aron aptly called this period the "second birth" of the Fifth Republic. With institutions firmly established under President de Gaulle's leadership, the Fifth Republic becomes a robust political regime capable of adapting to various contexts and enduring through different administrations.

Birth of the Fifth Republic

Raymond Aron refers to this period as the "second birth" of the Fifth Republic.

The institutions established under President de Gaulle's leadership solidify the Fifth Republic as a political regime.

It proves capable of adapting to national, international, economic, and social contexts.

The constitution withstands changes in power and even periods of cohabitation.

Adaptability and Strength of the Constitution

The speaker highlights the adaptability and strength of the Fifth Republic's constitution. It has successfully navigated various political situations over 60 years, providing stability and continuity even after President de Gaulle's passing.

Adaptability of the Constitution

The constitution of the Fifth Republic has proven adaptable to different political situations.

It can accommodate national, international, economic, and social contexts effectively.

Strength and Endurance

The constitution remains resilient despite changes in power and periods of cohabitation.

Over 60 years since its establishment, it continues to provide democratic governance for France.

This summary covers key points from the transcript while adhering to the provided structure.