Fundamental feature of the constitution of the Fifth Republic
The constitution of every country has some special features of its own. If we want to know about the condition of any country, we must have knowledge about the constitution of this country. The constitution of any country is ultimately related to its politics and historical evolution of this country. Constitution is indirectly the picture of a country. Every constitution is the product accumulated material and spiritual circumstances of it’s time. After long time, the Fifth Republic of France has been emerged.
There are some important causes behind the decline of the 4th Republic such as errorful parliamentary system, rapid changing of council, weak leadership and so on. The Fourth Republic inherited all those problems which the third
Republic was powerless to solve. Ministers in France had rise and fallen almost as rapidly since 1946 as before. So the Fifth Republic was emerged because the Fourth Republic was failed to solve these problems which arise in the France politics and society.
According to Dorothy, “The constitution of the Fifth Republic has been described as ‘tailor-made for General de
Gaulle, ’Quasi - monarchial, Quasi presidential; a parliamentary empire, unworkable the worst drafted in French constitutional history.’’ A.C. Kapour, “identified two major themes constitute the hub of the entire framework of the constitution; the reconstitution of the authority of the state under the leadership of the strong executive, and the establishment of a rationalized parliament that is parliament with limited political and legislative powers.
The constitution of the 5th republic contains a preamble, 92 Articles and 15 Chapters. The 1 st chapter deals with sovereignty, the 2nd chapter deals with the president the 4th chapter deals with the parliament and the 7th chapter deals with the constitutional council, the 15th chapter deals with the temporary system. The guiding principles states that France shall be a republic indivisible, secular, democratic and social. The primary text of this republic is Liberty,
Fraternity, and Equality. In Article 2 it is said, “Its principle shall be government of the people, by the people and for the people.”
In the 3rd Article it is said that’ “National sovereignty belongs to the people who shall exercise this sovereignty through its representatives and through referendums.” They will exercise their sovereign power. It should be noted that people will enjoy their right of vote by electing their local representatives. French is mentioned as a community at the article 1 and from the article 77 to 87. In the French constitution all are equal in the eyes of law. The community is founded upon the equality and solidarity of the people’s composing it.
About political parties in the article 4 it is said that, “Political Parties may compete for the compression of the suffrage, they may freely from themselves and exercise their activities, and they must respect the principles of sovereignty and of democracy.” The constitution is a compromise an expression of two very different and probably conflicting principles. The first is modified version of the traditional parliamentary system. The second is the
Introduction of a strong president who would embody the legitimacy of the Nation and could in an emergency; prevent the disruption of political system.
Parliament consists of the National Assembly and the Senate. Upper house is Senate and lower house is National
Assembly. Both the house is powerful. The members of the senate are elected indirectly and its tenure is 9 years.
One third of the members retires one after another three years. The deputies of the National Assembly are elected directly and his tenure is Five years. According to the 3rd and 4th republic the highest power is vested on legislature.
But when the 5threpublic established the power came into calm. By following the power of the previous republic over power destroyed the existence of government. The shake of government made all peoples damaged. Because he wanted to make the legislative and executive serious. Two session held in a Year, one in 2nd October and another in 2nd April. In terms of the limitation of powers, according to 5th Republic the Parliament cannot sustain its sovereignty. If the president wishes, he can dissolve the National Assembly without considerations, the president can also announce emergency power but the council of minister cannot do the same. Constitution gave the president

a chance to call referendum. There are some spheres where the president cannot but referendum: organization of the government Power, to conduct any law, to make any treatise, and to amend constitutional law or constitution.
According to Article 5 more power vested on president. To direct governmental function, preserve liberty, to appoint ambassador and to receive foreign ambassador to negotiate and notify treatises etc. are the power of the president.
He has the right to be informed of all negotiation leading to the conclusion of an international. As regards the relation between the two houses of the French parliament, the Senate can efficiently block legislative proposed by the
National Assembly and there is no Provision in the constitution to put an end to any president disagreement between the two houses. The national assembly is required to obtain the concurrence of the Senate before making a request for a referendum. The senate has the right to receive messages from the president, the prime minister has the right to request the approval of the senate at any time he desires. The President can ultimately declare a state of emergency and rule by decree, if he thinks it is necessary and rule by decree, if he thinks it is necessary to do so. The constitution of the 5th Republic gave the president emergency powers. It is extremely sweeping and is not fettered by any ministerial responsibility.
The existence and powers of the constitutional council are proof that the constitution aims at limiting parliamentary sovereignty. The council is composed of nine members, appointed for nine years. They shall be appointed by president each other by national assembly and the senate. One third members shall be appointed by the president of republic. The constitutional council emerges as auxiliary of the executive, making sure its prerogatives are respected and has proved for the establishment of Judiciary or of a high council of judiciary. Its composition is as follows. It is composed of nine members. The president appoints them in accordance with the provision of organic law. The function of the council are to recommended the names of Judges to be appointed. It acts as a dispensary council for Judges. By article 67 of the constitution high court of Justice formed by national assembly and the senate, after each partial or general election. He may be impeached for higher treason and the minister for their crimes, committed in the exercise of their duties. The high court of Justice is now composed of a Chamber of Enquiry and trial court.
The economic and social council give its opinion on the government birth, ordinance and decrees as well as the parliamentary bill submitted to it. In 4th republic there are two separate organization: Assembly of the Union, and Economic Council. Article 89 of the constitution provides the procedure of the amendment of the constitution.
The initiative for amending the constitution shall belong both to the premier and to the members of the parliament.
The amendment shall become effective only after approved by a referendum. The proposed amendment shall be approved only if it is accepted by a three fifth majority of Vote cast. The Republican form of government in France shall not be the subject of Amendment. The special feature of the 5th Republic is that the prime minister and the other members of the parliament have the right to intimate legislation. The Member of Parliament and the government have the power of amendment, any bill of the state is passed by both parliament and government.