History Party System State Dual Executive Legislature Judiciary La France History Party System State Dual Executive Legislature Judiciary

Overview Like Britain, one of oldest states in Europe Like Britain, geographical and political identity established since Middle Ages Like Britain’s Westminster Palace, the Palace of Versailles has remained the symbol and seat of government for hundreds of years Like Britain, a major Euro power, extra Euro interests and permanent seat on UN Security Council Like Britain, a constitutional democracy with universal suffrage, free elections, independent courts, accountable govt., welfare state, mainly urban population (85%)

But… It is important to stress these similarities, because France’s political institutions and arrangements can appear very different from those of its European neighbours… … Britain especially…

Most significant is France’s long tradition of constitutional instability – it is on its 17th regime since the Revolution in 1789 Equally important is the relatively large role played by the state in French politics and society – demonstrated by the vast array of government ministries, and the centrality of the state the political vocabulary

Why has this come about…? History, stupid. What history? The French Revolution? What about the pre-Revolutionary monarchy’s role in establishing the political and administrative identity? What about the fact that France was the dominant European power throughout the 18th and 19th Century?

Nonetheless, the Revolution remains the defining moment in French history Bastille day is STILL celebrated (date?) Revolution carried out in the name of the Rights of Man, still at the forefront of the constitution of the Fifth Republic (author?) Ancien Regime had been based on the division of society into estates: 9/10ths in the ‘3rd estate’ Revolution brought citizenship instead (sanscoulotte slogan?)

Legacy… Unlike the USA, Revolution failed to create a consensual and unifying myth Numerous factions began to accuse others of betraying the values of the Revolution Disagreements over economic and social policy Even conflict over the constitutional form of the new state: constitutional monarchy Vs Republic Vs Empire Legacy: - 4 separate regimes since 1940 - the Paris Commune of 1968 - the array of contenders to the presidency at each election

1799-1875 1799: Napoleon Bonaparte Declared France an Empire and himself Emperor Tried to take over the World Finally put out to pasture by Wellington’s forces in 1815 1815-1870: Same pattern of a Monarchy giving way to a Republic giving way to an Empire, this time under Napoleon Bonaparte III 1875: Foundation of 3rd Republic

1875-1940: 3rd Republic Followed surrender of Napoleon 3rd after Franco-Prussian war Watershed: End of Bonapartism, plebiscitary politics, and monarchism Far from consensual: 1894: Dreyfus Affair (?) 1924 and 1937: 2 failed attempts to instigate left wing governments Collapsed in 1940 with the Nazi invasion Quiz question: what came next?

1944-1958: 4th Republic de Gaulle, leader-in-exile, invited to head the new government Created a constituent assembly to compose new constitution This comprised representatives of numerous parties, and saw much disagreement on even its most basic principles: e.g. gaullists wanted strong leadership while others wanted constitutional checks de Gaulle eventually lost patience with Parliamentary stalemate and resigned from French politics However, though unpopular and short-lived, the 4th Republic did witness some progressive legislation: votes for women, nationalisation of industry, state economic planning, social reform (e.g. holiday pay and wage increases) Nonetheless, divisions plagued its existence: 25 governments in 12 years; no stable majorities; technocrats more powerful than politicians etc…. …and then there was Algeria

1958: Algeria Algerian nationalists vied for independence By May 1958, French govt. unable to cope 13th May: coup in Algeria by French generals determined to keep Algeria part of France 29th May, President Coty begged de Gaulle to return to politics as PM de Gaulle accepted on provision that he had full powers for 6 months and compile a new constitution

General de Gaulle and the foundation of the Fifth Republic de Gaulle was the natural choice: war hero, untainted by failure of 4th Republic, and had the support of the Army Like Petain, he was determined to use the crisis to force through constitutional reform Convinced that political problems could be solved by strengthening the Executive Got N.A. to grant him the power to compose new constitution, which was sealed over the heads of the N.A. through referendum Removing decision making from the N.A. has been a characteristic of French politics ever since Future president Francois Mitterrand compared his 5th Republic to Napoleon III’s coup d’etat against the 2nd Republic in 1851

The 5th Republic – How Was it Different? Despite Mitterrand’s condemnation, de Gaulle’s 5th Republic was grounded in the principles of the Revolution: The preamble to the constitution reiterates the Declaration of the Rights of Man, and secures the social freedoms instigated under the 4th Republic Article 2 confirms the the commitment to the symbols of Republicanism (flag, anthem, separation of Church and State) Article 89 states that Republicanism cannot be done away with, and reserves to Parliament the right of constitutional amendment Finally, Article 20 states that the govt. is ultimately responsible to the N.A. – a fundamental principle of Republicanism

The 5th Republic – How Was it Different? (Cont…) However, if the 5th Republic incorporates elements of France’s Republican heritage, its provisions depart from traditions in significant ways: Most significantly, de Gaulle was determined to end ‘Parliamentary Sovereignty’: to end the confusion and stalemate of the N.A. to curtail Parliament’s right to determine its own agenda to end Parliament’s monopoly over law making through procedures for referenda, the creation of a Constitutional Council and to remove Parliament’s right to elect the President – this was conferred upon an electoral college of some 80 000 members

The 5th Republic – How Was it Different? (Cont…) Furthermore, de Gaulle was equally determined to strengthen the role of the Executive: President made Head of State, head of armed forces, guarantor of judiciary and president of the High Council of the Magistrature President and PM granted a number of ‘prerogative powers’ Nonetheless, the 1958 constitution IS Parliamentary, and both the PM and the President have clearly defined roles. Moreover, there is, in theory, nothing to prevent the PM from using a majority in the N.A. to determine national policy over the head of the President

History: Overview 1st Republic (1792-99) 2nd Republic (1848-52) Popular sovereignty Declaration of the Rights of Man Inauguration of more secular power 2nd Republic (1848-52) Universal male suffrage Election of President by popular vote 3rd Republic (1875-1940) Disestablishment of the Church Executive made responsible to Parliament 4th Republic (1944-1958) Weak Executive, strong Parliament 5th Republic (1958-) largely General de Gaulle’s creation Strong Executive, weak Parliament

THE PARTY SYSTEM

Legacy of Revolution 16 candidates in the first round contrast this with UK (4) and US (3) Fundamental and traditional split between left and right (quiz: origins of left and right?) don’t overstate left-right split: increasingly inaccurate with ‘centrists’ and ‘independents’; plus need for further distinction between conservative right and the extreme right Moreover, ideational underpinnings of left and right have shifted in recent years (?): Right used to be associated with the desire for a greater role for the Church whereas the Left was traditionally secular; today the divide has more to do with socialism versus free market philosophy (although, generally, the French right favours more of a role for the state than other European rightist factions) Nonetheless, recent research does show that voting behaviour still follows broad affiliations with either the left or right

The State

A Strong State? This is the perception: though associated with the left, even the French right promulgates the value of a strong state: ‘ The Republican state is an impartial state, one that guarantees cohesion and solidarity between citizens, between generations, between all parts of the territory,’ (Chiraq, 1995) The ideal of the strong French state has both a normative and a traditional basis: Normative basis pre-dates Revolution (Saint-Simon and Comte advocated state-led social progress). The Revolution made flesh these values and they survive to this day In more practical terms, the belief in the strong state is witnessed in the strength of the civil service as the expression of public interests; post-war economic policy; and the bewildering array of state-centred organisations (1988: 31 ministers and 17 junior ministers)

The ‘Myth’ of the Strong State… Though grounded in Republican rhetoric celebrating the state as the expression of national will, the French state has often failed to respond adequately to needs arising In short, 2 of the most basic assumptions on which the ‘myth’ of the strong state is built, are overstated: The state is not a cohesive unit, and is hampered by bureaucracy and internal competition The state does not act independently of civil society, and has traditionally championed PPPs Pooooo

The Dual Executive

Overview Semi-Presidential style Differs from other states, e.g. Germany, where president is just a figurehead Pres. Selects PM from the dominant Parliamentary Party Potential for conflict between President and Prime Minister when the dominant Party in the N.A. is opposed to that of the President (Cohabitation)

Presidential Powers ‘Discretionary Powers’: 8 areas Appointment, but not dismissal, of PM Right to dissolve N.A. Freedom to resign, provoking presidential election Chair of Council of Ministers Right of Emergency Powers Right to submit Bills to N.A. N.B. In contrast to the perception of Presidential power, these discretionary powers are either one-off prerogatives, or only applicable at pre-programmed intervals, or during national emergencies

Prime Ministerial Powers Quiz: Who is the French PM? Jean Pierre Raffarin… …PM also has some ‘discretionary powers’ Right to send Bill to Constitutional Council Chairs Council of Ministers when President is absent Responsible for day-to-day running of government Represents the Executive to Parliament Arbitrates interministerial competition and therefore has greater influence with ministers Finally, PM has discretionary power over 2ndary legislation (Parliament passes around 70 laws a year, PM passes around 8000 interministerial decrees)

Shared Powers In defence, foreign policy and judiciary Greatest potential for conflict in these areas E.g. President Mitterrand and PM Fabius disagreed in 1984 over Mitterrand’s planned meeting with Polish Communist leader Generally, President has greater influence than PM. President ‘sets the tone’ for policy, while the PM ‘gets on with it’ Only rarely and in instances of cohabitation can PM-President conflict present a barrier to policy formulation and implementation

The Legislature

Senate Indirectly elected Has in-built conservative majority (small rural towns over-represented) 321 senators Elected for 9 years by electoral college of deputies and local councillors (150 000 members) Complex and unrepresentative electoral system means Senate has become focus of much debate over Parliamentary reform Nominally has same powers as N.A. – both must approve a bill before it becomes law – but in the very last resort it is the N.A. that has the final say

National Assembly 577 deputies Directly elected for 5 year term by a two-ballot majority-plurality system Larger parties are over-represented, as the electoral system deviates from proportional representation (like Britain) Some of the larger parties have manipulated the system – 1985: the Socialists introduced a proportional system for 1986 election only to return to previous system the following year Again, this lack of proportionality has led to calls for reform – particularly from the Greens Weakness: Under the 4th Republic N.A. was strong, under the constitution of the 5th Rep it is weak: restricted “domain of law” (Article 34) which does not include foreign policy, for example; and its limited capacity to hold the administration to account (Article 16: Presidential right to emergency powers)

The Judiciary

Overview Unlike the famous separation of powers in the US (Executive, Legislature, Judiciary), the French tradition has been very different Exec. and leg. seen as expression of popular will, and therefore superior to judicial branch Result: belief that government should control the judiciary This has been changing gradually, and the judiciary is becoming a more independent branch of government Nonetheless, still manipulated by all sides for political ends

Constitutional Council 3 distinct elements: constitutional law, administrative law, and civil and criminal law CC is highest constitutional authority: determines constitutionality of bills, treaties etc. Designed in 1958 to support the Exec., in 1970s it emerged as a political actor in its own right Comprises 9 appointees, 3 chosen by president of Republic, 3 by president of the N.A., and 3 by president of Senate Serve for a non-renewable 9 year term and cannot hold other offices Intention is to remove members as far from party-political interests as possible Nonetheless, candidates are invariably selected by the 3 electors on the basis of their political leanings

La France History  Party System  State  Dual Executive  Legislature  Judiciary 