What are the different influences of French historical traditions on its constitutional construction?

1. Romantic French Constitution: From 179 1 to 1958.

(a) The Constitution of the Great Revolution: the starting point of French constitutionalism [1]

In the historical evolution before the Great Revolution, France gradually formed a centralized monarchy. 1789, the French revolution broke out, which opened the prelude to overthrow the feudal monarchy and move towards * * * harmony. May 5 1789, level 3 meeting (? Tats généraux )[2] was held in Versailles, and soon after that, the three-level meeting evolved into a national assembly [3] 3]. On June 20th, the National Assembly issued "Serment du Jeu de paume", claiming that the National Assembly will continue to exist until the Constitution is promulgated and adopted. [4] Later, most representatives of priests and some representatives of the aristocratic class also joined the National Assembly. On July 9, the National Assembly announced that it would be renamed the National Assembly. 1789 On August 26th, the National Constituent Assembly issued the Declaration of Human Rights. This document not only confirms many individual rights, but also declares the principle of national sovereignty and separation of powers. [5] 179 1 On September 3rd, the Constitutional Convention adopted the final constitutional text, which was accepted by the king shortly thereafter [6]. This is the first modern French Constitution-1791(Constitution de1791). The Constitution establishes a constitutional monarchy and reaffirms some basic principles proclaimed in the Declaration of Human Rights. Therefore, the constitution of 179 1 marks the beginning of the development and evolution of the French constitution, and later French constitutions are all responses to this constitution in a sense. [8]

1792 On September 20th, the Congress of Latin America [9], which was elected by universal suffrage, passed a resolution to abolish the king, and on September 22nd, it was decided that from September 22nd, 1792, France would be the first year of * * and the first year of * *. In addition, the League of Nations also has a basic goal, which is to formulate a new constitution. Gironde and La Montagni, who have opposite political positions, led the National Assembly to draft two draft constitutions. Finally,1On June 24th, 793, the National Assembly adopted the draft constitution of Shan Group and submitted it to a referendum. [10] This is the constitution of 1793. That is, * * * and the first-year constitution (Constitution de L, ANI-Premiè re Republic-24 June1793). As France's first * * * and Constitution, it redrafted a "Declaration of Human Rights" [1 1], which designed the operation of public power on the basis of confirming democratic principles, but its content also showed a utopian side, which was immediately shelved in the severe situation. [ 12]

After the spring of 1793, jacobins gained more and more dominion, and then the terrorist policy made this period known as "reign of terror". Until 1794, the hot month coup broke out, robespierre was executed, and jacobins's dictatorship ended. Enthusiasts, while eliminating terrorist policies and radical measures, maintain the harmonious system and try their best to protect the revolutionary achievements, so they advocate the formulation of a moderate constitution. 1795, 18 In April, the National Association appointed a constitutional drafting committee, and finally on August 22nd, a new draft constitution was adopted, namely 1795 Constitution, also known as * * * and the three-year constitution (Constitution de L, An III-Directoir-5 Constitution III, 22 ao? T 1795). In the previous declaration, this constitution not only declared the rights of the people and citizens, but also emphasized the obligations. Its text 1 * * * has as many as 377 articles, which is the longest constitution in French history.

Before the coup d' é tat in Fog Moon1June, 795 to1October 10, the political life of France under the directoire was turbulent, with internal and external dilemmas. 1799165438+10.9 (foggy month 18), Napoleon, who brought victory and glory to France, staged a coup, the legislative power was put on hold temporarily, and the executive power was granted to three provisional governments to restore order [13]. In order to consolidate its ruling position, the interim administrative government is preparing to re-enact the constitution. In the process of drafting the constitution, Sias competed with Napoleon's political skills with his own legal literacy, but the final constitution 1799, namely * * * and the eight-year constitution (anviii-consult-22 frimaire anviii, 13 D é cembre 1799) is a foundation. It changed the tradition formed since the Great Revolution and the basic practice of previous constitutions, no longer put the declaration of civil rights before the constitutional text, weakened the legislative power and put the executive power in the upper position. Finally, Napoleon, the first ruling party, gained full power. This constitution was put to a referendum after it came into effect on February 25th. The French people expressed their confidence in Napoleon with high support rate.

(B) From Napoleon to Charles Louis Napolé on Bonaparte: the constitutional government lingered.

1802 On March 25th, the signing of the Treaty of Amiens marked the end of the second anti-French alliance and temporarily established France's hegemonic position in the European continent. In May this year, referendums were held all over France to decide whether Napoléon Bonaparte should be in power for life. Finally, the Senate declared Napoléon Bonaparte to be in power for life. After [16],1August 4, 802, the decree on the organization of the Senate (Le Sé natus-Consult Organique du14 Thermodoran x, 4 ao? T 1802) revised the constitution of 1799, also known as * * * and the constitution de l (an x-consult à vie). Article 83 of this decree clearly stipulates that Napoleon, as the first ruling party, has the right to designate successors.

1804, 18 in may, the Senate amended the constitution in the form of a decree to solicit citizens' opinions on the establishment of the "French emperor" and his heirs. As a result, the French people overwhelmingly supported Napoleon as the emperor of the Chinese people. Decree on the Organization of the Senate (Le Sé natus-Consult Organique du 28 Floré al Anxii, 18 Mai 1804), namely * * and the twelve-year constitution (Constitution de). In fact, France has quietly completed the transformation from a * * * country to the first empire. [ 18]

18 14 On April 3, due to the failure of the war with the anti-French Coalition forces, the Senate and the Legislative Yuan announced the recall of Napoleon. On April 6th, Napoleon signed the abdication edict to give up the throne, and the Senate decided to restore the original monarchy, and passed the Senate decree (Constitution sénatoriale), so that the Bourbon Dynasty was restored. Louis Stanislas Xavier, who was called to the throne, made a declaration in Saint-Wun and put forward the basic proposition of restoration. On the one hand, it expresses its acceptance of social changes since 1789, and respects citizens' freedom, equality and democratic constitutionalism. On the other hand, he tried to maintain the legal system of the dynasty. Therefore, he vetoed the Senate decree on April 6 and signed a new constitutional document on June 4. That is, 18 14 chartered flight (Nellede1814-1è re restaurant -4 June 18 14). This is a legal document with dual characteristics, which not only restores and guarantees the power of the king, but also responds to the needs of the development and changes of the times.

1865438+On March 20th, 2005, Napoleon returned to Paris, proclaimed himself emperor again, and started his hundred-day dynasty. On April 22nd, Napoleon announced a supplementary clause (L, ACTE Addition Nelaux Constituencies de L, Empire Du 22 Avril1815-Cent-Jours) to the French people, aiming at summing up the experience and lessons of the imperial system and absorbing181Jours. [19] the constitution was submitted to a referendum and passed on June 1 day, [20] but it was not really implemented. /kloc-In June of 0/8, Napoleon was completely defeated in the Battle of Waterloo. After the Hundred Days Dynasty ended, the Legislative Yuan formulated the draft of the Imperial Constitution (la constitutions dimpériale) on June 29th, but after the Bourbon Dynasty was restored again, the 18 14 charter came into effect again.

1830, the July Revolution broke out in France, and July 27-29 was called "Trois Glorieuses", and the Bourbon dynasty was overthrown again. On the basis of discussing the revision of the 18 14 charter item by item, the Paris parliament quickly adopted the new charter. On August 9, the Duke of Orleans Louis &; #8226; Philip accepted the revised charter and became the "King of France", and the July Dynasty was established. 14 in August, chartered flight officially announced, namely 1830 chartered flight (chartered flight de 1830, Restaurant-14ao? t 1830).[2 1]

1848 February Revolution ended Louis &; #8226; Under the rule of King Philip, the National Assembly was elected according to the electoral law promulgated by the interim government [22], and as a constitutional body, the Constitution Drafting Committee was appointed on May 17 [23]. 165438+1October 4th, the National Assembly adopted the draft constitution, namely 1848 (IIE Republic-1 1 April 4th 1848). This Constitution declares that "France is a democratic, unified and indivisible republic" and establishes a new constitutional system [24]. Since then, France has entered the second period of peace.

On February 20th, Luis Napoléon Bonaparte was elected president. As the constitutional system established in185112 Constitution led to the conflict between the President and the Legislative Assembly, Bonaparte staged a coup to dissolve the National Assembly, and the subsequent referendum approved the legality of the coup. 1852 On June 4th, 65438+1October 65438, Bonaparte promulgated the new constitution, namely 1852 Constitution (Constitution de 1852, Second Reich-14 Janvier/kloc). On the surface, this constitution takes universal suffrage as the source of power, but actually establishes an autocratic regime centered on the president, which highly imitates the * * * and eight-year constitutions. [25] 1654381October 7th, the Senate passed a resolution to approve Bonaparte as the "Emperor of France", that is, Charles Louis Napolé on Bonaparte, which was widely supported in the referendum on1October 7th, 2 1 1. [26]1852 65438+on February 2, the second French empire was formally established. Lenin once commented on the constitution of 1852, calling it "the restoration of the monarchy in a particularly ugly form". [27]

1in September, 870, France was defeated in the battle of Sedang, and Charles Louis Napolé on Bonaparte was captured by the Prussian army. On September 4th, the interim government composed of factions and factions announced the end of the monarchy, and a new country was born. After that, the * * * faction won the competition with the constitutional monarchy, and the possibility of the restoration of the monarchy completely disappeared. 1875 From February to July, the National Assembly passed three important organic laws, namely, the Organic Law of the Senate (Loi du 24 f é vrier 1875, Sur L, Organization du Sé nat) of February 24, 875. 1February 25, 875, Organic Law of Public Power (Loidu 25fé vrier 1875, Sur L, Organization des pouvoirs publications), 1June 875 16 Law on Public Power Relations (Loidu16 Juillet 1875, Surles Raptors Entre les Pouvoirs Publics), which together are the third * *-66 Constitution. This constitution was applied in France until the end of World War II, and it is also the longest-lived constitution in French history so far. [28]

(c) From the fourth * * * to the fifth * * * and: continuity, inheritance and transcendence.

At the end of World War II, the French Committee? The National Liberation Front announced the establishment of an interim government. On August 9th, the French provisional government issued a decree (Ordonnance du 9 ao? T 1944), declaring the constitutional law of1July 940 10 and the decrees made by Vichy regime invalid. At the same time, according to the harmonious spirit of * * *, the interim government decided to let the people choose whether to restore the constitutional order of the third * *, or to start a new stove. 1945 10/year1October 2 1 day, France held a national election and referendum, [29] and passed the decree of1August 945 17 (ordonnance n 45- T 1945), in which the supplementary contents were published and came into effect, namely, the constitutional law of 1945165438+10.2 (No. According to this constitutional document, representatives elected by referendum, that is, representatives of the Constituent Assembly, are responsible for drafting the new constitution. This result means that the third Constitution and the Constitution have been completely abandoned by the French people, and the Constituent Assembly elected by referendum will undertake the task of drafting a new constitution, thus successfully solving the problem of the continuation of the legal system.

1946 April19, the Constituent Assembly (the first Constituent Assembly) adopted a draft constitution, namely, the "April Draft Constitution" (Projet de Constitution du19 AVRIL1946), but this draft constitution was rejected and put to a referendum on May 5. [30] The newly elected Constituent Assembly (the second Constituent Assembly) quickly formulated a new draft constitution, which was adopted by a narrow majority in the referendum in June 5438 +654381October+March. [3 1] 10 year1October 27th, the constitution came into effect, namely 1946 constitution (Constitution de 1946, ive ré republic e-27 October1946). [32] This Constitution provides for the establishment of a bicameral parliament, and the President does not have much substantive power. Generally speaking, it belongs to the constitutional system of parliamentary cabinet system. In the relationship between the government and parliament, it is easier for the National Assembly to pass the motion of no confidence, and the conditions for the dissolution of the National Assembly proposed by the Cabinet are limited. Therefore, the National Assembly has a strong constraint on the government, and the government lacks effective countermeasures against the parliament. This system design puts the parliament in a favorable position and the government at a disadvantage. 1946 The implementation of the Constitution has not brought France into a stable and orderly state, and various political forces have been constantly on and off, shuffling cards frequently, and the fourth * * * political process is in danger. On many domestic issues, the government is powerless. On the international stage, France's foreign policy has also wavered, especially on the issue of overseas colonies, [33] which is intertwined with domestic contradictions, making French politics particularly complicated and chaotic. After the promulgation and implementation of 1946 Constitution, 1954 passed a constitutional law with only 12 (Loi Constitutionnelle du 7dé cembre1954), which amended 1946 Constitution and tried to change the cabinet. [34]

Charles de Gaulle called the system designed by 1946 a "morbid political system", and the "Algerian incident" of 1958 was the most serious crisis facing this system. It was under this historical condition that Charles de Gaulle made a comeback as the Prime Minister of the interim government, and decided to carry out domestic political reform first, and then seek a thorough solution to the Algerian problem. [35] Re-enacting the Constitution became the primary and basic task in Charles de Gaulle's political system reform. [36] As early as June 1946, Charles de Gaulle put forward his constitutional proposition in his "Beye Speech", but it was not accepted by all political forces at that time. In this speech, he first deeply analyzed France's national character, political culture and the political difficulties and goals France faced at that time [37], and then put forward his design of constitutional system. [38] At the end of his speech, Charles de Gaulle also quoted the dialogue between the Greeks and the wise Soren to show his concern for the constitution: "The Greeks once asked the wise Soren,' What is the best constitution?' The wise man replied, "Tell me first when and for whom this Constitution was made." Today, it is the French people and the French Federation that need to make a constitution. The period when the constitution is needed is dangerous and difficult! "

1June, 958, Charles de Gaulle obtained many authorizations from the parliament, including the authorization to amend the Constitution, namely1the Constitution Law of June 3, 958 (Loi Constitution Nelle Du3June 1958). [39] This authorization also puts forward the principles [40] and restrictions [465458] that must be observed in amending the Constitution. Subsequently, the drafting of the draft constitution was carried out under de Gaulle's personal questioning and leadership, and the specific drafting was presided over by the appointed Minister of Justice michel debre. 1958 On September 28th, the draft constitution was submitted to a referendum and passed. 10 year10.4, the fourth * * * and the last president René & # 8226; Huang Fengying (René Huang Fengying) came into effect, namely 1958, the fifth * * * and the Constitution (de 1958, Veré publication-4 October1958). The preamble of the Constitution reaffirms respect for the Declaration of Human Rights of 1789 and the preamble of 1946. Its subjects include: sovereignty, President People's Republic of China (PRC), government, Congress, the relationship between Congress and government, international treaties and agreements, the Constitutional Council, the judiciary, the impeachment court, the Economic and Social Advisory Committee, local organizations and the League of Nations. In this way, the constitutional system was redesigned according to the new constitutional concept, and Charles de Gaulle's idea of "recreating * * * and" was realized, and the fifth * * and * * were ready.