French Constitution, Parliament, Legislator, Law-making, Government, Executive Power, Constitutional Council, Rationalization of Parliamentarism, Legislative Referendum
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Abstract
The French Constitution of 1958 recognizes Parliament's role as a legislator, but with limitations and framing by the government, leading to a loss of its law-making monopoly.
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[...] In fact, under the 5th5th under the 5th republic, the parliament no longer defines the nation's policy, it is no longer the center of political life (article 20 of the Constitution). Firstly, it loses its monopoly on law-making with the appearance in the Constitution of the legislative referendum (Article 11 of the Constitution): the goal is to circumvent the powers of parliament in this logic of rationalization of parliamentarism. In addition, the Constitution lists the areas where parliament can legislate: everything that is not in the domain of the law, i.e. parliament (Article 34 of the Constitution), is in the regulatory domain, i.e. [...]
[...] Thus, we can no longer really qualify the parliament as chamber of registration of the government's will' due to this power of amendment. Furthermore, according to Philippe Ardant, 'the right to amend constitutes in the National Assembly an extremely effective means of obstruction', thus the right to amend gives power back to the opposition, particularly through the mastery of time at the end of the session, which allows for the hindrance of the final vote on a bill. Thus, it gives power back to the opposition and therefore to the parliament more broadly. [...]
[...] Is the government then the real 'legislator' and the parliament more than a 'registration chamber'? Thus, in wanting to rationalize parliamentarism, do we not end up with a parliament devalued in its main function: that of making laws? It is necessary to see in the first place that the parliament remains a legislator even if this function is framed and limited then that by institutional practice the parliament becomes more and more a registration chamber, its role being partly absorbed by the government. [...]
[...] belongs to the government (Article 37 of the Constitution). In addition, the sovereignty of the law has disappeared: the Constitutional Council is now responsible for controlling the law and can even set aside a law if it deemed it not in conformity with the Constitution: thus the legislator is no longer master of law-making since these can be set aside by another institution than parliament. It tends to make respect the articles 34 and 37 of the Constitution. Finally, procedures for parliamentary rationalization limit and lower the power of law-making of the parliament. [...]
[...] Is Parliament the true legislator under the Fifth Republic? Ruffin stated that the assembly is a 'chamber of registration of the president's desires'. This quote shows all the ambiguity of the role of parliament within the Constitution of the 55th fifth republic: the Constitution of 1958 recognizes the role of legislator to Parliament, even if this role is framed by parliamentary rationalization practices. However, by institutional practice, these practices aiming to frame the parliament are they not going too far and thus transform the parliament into 'chamber of registration'? [...]
