National Sovereignty in the French Constitution

Extract

[...] Furthermore, the fact that this article has never been modified since proves its importance and stability within the constitutional system. The introduction of the notion of representation and the referendum mechanism allows for the combination of representative and direct democracy, thus favoring a model of sovereignty where the people remain the central actor. Thus, one can legitimately wonder how the first paragraph of Article 3 of the Constitution of 4 October 1958 encloses and limits the exercise of national sovereignty while ensuring the participation of the people? [...]

[...] This positioning at the beginning of the Constitution reinforces the importance of this article as the foundation of the political system and as a guarantee of the relationships between rulers and ruled. In fact, this article specifies the modalities of the exercise of sovereignty, which is based on a double structure: representation by elected officials and direct participation through referendum. This articulation constitutes a balance between representative instances and direct expression of popular will, fundamental to the 1958 constitutional order. [...]

[...] This institutional framework borders the use of this instrument by ensuring that it is not diverted to partisan ends. The referendum therefore becomes a means of popular legitimation strengthening the democratic character of the regime while maintaining the authority of representative institutions. [...]

[...] The delegation of sovereignty: parliamentary representation The first mode of exercise of sovereignty is representation, it is a pillar of parliamentary democracy. By choosing to delegate this power to representatives, article 3 consecrates a system of representative democracy where the people elect their deputies and senators. These latter exercise the legislative power by acting in the name of the entire nation. In this model, the people do not govern directly but rather entrust their voice to the elected. This choice has important institutional implications as it implies a trust in institutions and the electoral process. [...]

[...] The 1958 Constitution enshrines the idea that sovereignty belongs to the nation as a whole, an entity distinct from the sum of citizens. This implies that each citizen does not in fact possess individually a share of sovereignty. In this sense, national sovereignty cannot be subject to the claims of individuals or groups. This indivisibility also prevents the fragmentation of the nation into several factions, ensuring the unity of the state. Thus, Article 3 protects national cohesion by limiting the intentions of division. [...]