The Constitution of France: A Contextual Analysis

by Sophie Boyron, Andrew Harding, Benjamin L Berger, Heinz Klug, Peter Leyland

Overview

The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.

Product Details

ISBN-13:	9781841137353
Publisher:	Bloomsbury Academic
Publication date:	12/21/2012
Series:	Constitutional Systems of the World
Pages:	290
Sales rank:	746,811
Product dimensions:	8.30(w) x 5.40(h) x 0.90(d)

About the Author

Sophie Boyron is a senior lecturer in law at the University of Birmingham. She is also, together with John Bell and Simon Whittaker, one of the authors of Principles of French Law (OUP).

Table of Contents

Table of Cases ix

Table of Legislation and other Instruments xiii

1 French Constitutional History: A Difficult Coming of Age 1

The Constitutional 'Big-Bang': The Revolution of 1789 2

The Difficult Implementation of Constitutionalism 7

Understanding French Constitutional History 19

Conclusion: The Merger of Constitutional Traditions? 27

2 In Search of the Constitutional Fundamentals 29

The Legitimacy of the 1958 Constitution 29

The Integrity of the 1958 Constitution 43

The Efficiency of the 1958 Constitution: The Political System 50

Conclusion: Something Old, Something New 54

3 The Primacy of the Executive 56

The Origins - The Search for a Strong Executive 57

The President of the Republic: From Strength to Strength 58

A Contested Bicephalous Executive 63

The Difficult Accountability of the Executive 79

Conclusion 93

4 Towards a Renewal of the Parliament 95

A Return to Institutional Autonomy? 96

The Constitutional Status of Members of Parliament 110

Parliament's Work: A Great Improvement 115

Conclusion: Further Reform? 138

5 The Rise of Judicial Power 141

The Search for Judicial Independence 142

The Rise of the Conseil constitutionnel 150

Towards a Judicial Power? 173

Conclusion 179

6 The Constitution and its People 181

The French People and the Constitution 182

The Sovereign Expression of the French People 188

A Culture of Rights Protection 200

Conclusion: A 'New' Citizen? 204

7 From Centralised Unity to Multilevel Constitutionalism 206

The Rise of Territorial Government 207

Keeping a Check on the European Union 219

Conclusion 234

8 The Dynamics of Constitutional Change 236

The Amendment Procedure: A Question of Choice? 237

The Dynamics of Constitutional Change 243

The Trends for Constitutional Reform 249

Conclusion 253

Index 255

Editorial Reviews

The book is a comprehensive, well-researched and well-presented piece of work...What I particularly like about this contribution, apart from its rich content, is the clear narrative style. The tone is also correctly pitched: while portraying an overall positive view of French constitutionalism, the author also draws the reader's attention to critics who call for further reforms and encourage further research in the field...the book is a timely contribution not only to the Hart Series, but also indeed to the scholarly literature on French Constitutional Law and comparative constitutionalism. Although it requires a basic grounding in French constitutional law and history, and cognate fields, such as European law, I would recommend it to students and academics interested in the French legal system and in comparative constitutional law and politics.
Irish Jurist, (1)

From the Publisher