National Sovereignty in France: Understanding the Role of Referendums and Representation under Article 3, Constitution of 1958

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[...] This point, which can create a gap between citizens and their representatives, fuels the growing distrust of political institutions. This particularly harmful disconnection often fuels a feeling of frustration among citizens regarding their perception of popular sovereignty in the current system and induces a desire for change. However, despite the fact that the studied article affirms this principle of national (and popular) sovereignty, its concrete application reveals limits and constraints that make this principle sometimes more theoretical than practical. As mentioned earlier, the referendum, in addition to being relatively rare in French political life, only addresses certain well-defined and far too limited subjects to have a real influence on French political life. [...]

[...] A reflection on the evolution of participatory democracy instruments, such as the increased use of referendums (notably for social issues), could constitute an interesting path to follow. Given the current context and the evolution of society towards more fluid information modes, strengthening the direct involvement of citizens in decision-making could not only consolidate the democratic legitimacy of its institutions, but also respond more effectively to the contemporary aspirations of its citizens. In this framework, the Economic, Social and Environmental Council, defined as the third assembly of the Republic and composed solely of citizens from civil society, could be a tool combining representativeness and citizen participation. [...]

[...] One can notably cite the recent questions following the result, in the second round, of the post-presidential dissolution legislative elections (guaranteed by the Constitution). Our Fundamental Law carries within it all the bases of the legislative and legal edifice of our country. We study here more particularly article n°3, paragraph n°1 of the French Constitution of 4 October 1958. The latter affirms a fundamental principle of French democracy that it is therefore necessary to study: national sovereignty. This principle, which places the people at the center of power, ensures that citizens hold supreme authority, exercised by their representatives or by referendum. [...]

[...] However, the confidence in the referendum process is often questioned by French citizens since the to the constitutional treaty of 2005 and its corollary, the Treaty of Lisbon. The referendum procedure, however, has a characteristic related to its fundamental dimension in terms of popular sovereignty: it allows the change of the constitution without the reunion of a congress. Thus, one can speak of a sovereignty described in an equilibrium created between representation (stability, continuity and efficiency) and direct participation (exceptional, but strongly symbolic). [...]

[...] Let's start by quoting the studied text: Quote: « National sovereignty belongs to the people who exercise it through their representatives and by referendum. Let's comment now: Commenter: This article of the Constitution is the foundation of our democratic principle. This concise phrase clearly formulates the principle of national sovereignty: « by the people, and for the people. It clearly implies that the people are the supreme holder of power and that it can be expressed and exercised in two main ways: by the expression and vote of its elected representatives (notably within the two chambers) and directly by the people's decision, through a referendum. [...]