Referendum in the Fifth Republic: An Appeal to the People

Extract

[...] The use of the referendum could also be made in the context of a overhaul of French politics. An institutional evolution could thus be introduced through this means and it could be defined by a citizen consultation in order to achieve a consensus. This double recourse to the people would thus allow this bilateral and reciprocal approach mentioned earlier. Finally, the referendum could evolve to include (otherwise) a greater part of citizen initiative, with the development of the Popular Initiative Referendum (PIR) or the Citizen Initiative Referendum so much demanded by the yellow vests. [...]

[...] We will first address the referendum as a political means of returning to the people and then as a way of (re)discovering the highest legitimacy. A. Returning to the people, a political necessity The use of the referendum goes back a long way in French history. It is sometimes easy to refer to Emperor Napoleon Bonaparte, who used it to validate his reforms and legitimize his power, and yet: the plebiscite (practiced at the time) should not be compared to the practice of the referendum. [...]

[...] The referendum has a legal authority that places it at the top of the legal order. In fact, laws adopted by referendum are considered to have a constitutional value and 'escape' the control of the Constitutional Council (cf. jurisprudence resulting from the decision DC n°62 - 20 of 6 November 1962). This tool is therefore, for some politicians, a tool to escape censorship and the 'government of judges', a concept feared in France since the French Revolution. As mentioned earlier, Article 11 allows the President to directly submit certain reforms to a referendum to the French people. [...]

[...] The use of the referendum must remain exceptional and thoughtful. They must also remain simple in the questions asked, because a too frequent popular mobilization could not only empty the tool of its meaning, but also create political instability. As the political scientist Pascal Perrineau states, the referendum must remain « strategic weapon where the need for updating is crying. B. Actualiser the use of the referendum towards more democracy In response to what has already been mentioned, it appears essential to update the use of the referendum so that it serves to strengthen the dialogue between the executive and the people. [...]

[...] This tool is 'living', as evidenced by its constant evolution that we are now discussing. II. An evolving tool Until today, the Fifth Republic has experienced ten referendums (eight 'yes'). The use of the referendum has undergone a marked evolution since 1958. Although this tool remains an important lever, its use has become less frequent, and it now raises questions about its risks vis-à-vis a possible popular distrust and induces the need to update this tool to move towards more democracy. [...]