France's Fifth Republic: Genesis and Enduring Legacy

The Fourth Republic inherited almost all the defects of the Third Republic: weak governments, ineffective parliaments, and widespread public disappointment and cynicism. While it achieved important goals in social and economic aspects, its main weakness was the problem of colonialism. The insurrection in Algiers in 1958 ultimately caused its demise.

Fearing that Paris would be taken, the only person who could control the situation, General de Gaulle, was called upon. Hailed by the people, De Gaulle tried to reassure the left, while the right, the settlers, and army chiefs believed that he would keep Algeria as a French colony.

The Fifth Republic: General Characteristics

In June 1958, the National Assembly invested General de Gaulle as head of government with emergency powers for a period of six months, with authority to prepare a constitution. This agreement was ratified by the Assembly and the Council of the Republic.

De Gaulle appointed a government of broad national consensus, which had representatives from all sides, except the Communists. The drafting of the Constitution was rapid and, subject to a referendum on September 28, 1958, it passed by a large majority. It was promulgated on October 5, and like the Third and Fourth Republics, it is part of the tradition of democratic constitutions, incorporating the Declaration of the Rights of Man and of the Citizen of 1789 and the Preamble to the Constitution of 1946. It proclaims the principle of national sovereignty.

Key Constitutional Innovations of 1958

Regarding the roles of the various powers and their relations, the 1958 Constitution institutionalizes a strong executive. It introduced elements of the presidential system while maintaining the foundation of parliamentary systems and the accountability of the government to Parliament.

The 1958 Constitution:

• Affirms the power of the President of the Republic, granting significant real powers. The President's election came from a broader electorate than Parliament.
• Strengthens the authority of the Government, which is expected to provide the nation's political leadership, and separates the post of minister from that of a parliamentarian.
• Limits the hegemony of Parliament through streamlined parliamentary techniques, making censure motions more difficult, listing the matters covered by law, and controlling the organization of parliamentary and legislative procedure.

The limit on Parliament's power was rooted in the fear of a repetition of mistakes made during the previous two republics.

The Constitutional Council and Semi-Presidentialism

Another novelty of the Fifth Republic is the creation of the Constitutional Council. Since 1962, the President is elected by direct universal suffrage. The first years of the Fifth Republic can be considered as a transition to semi-presidentialism, which was legally established with the election of the President by universal suffrage. However, the prestige and position of privileged interpreter of the Constitution gave de Gaulle the opportunity to always govern according to the principles of a semi-presidential regime.

Evolution and Enduring Legacy

The Constitution was widely criticized at first, having been compared to the "opprobrium of a granted charter," or qualified as a "permanent coup." It was feared it was a suit made exclusively to the measure of de Gaulle and that it would not survive him. Perhaps the presidential election by universal suffrage has offset this possible defect, investing successive presidents with democratic legitimacy that otherwise his charisma and prestige could not have compensated for.

The Fifth Republic was able to resolve the Algerian problem without causing a civil war, survived its founder, and led to the alternation of power in 1981, considered one of the biggest changes in the second half of the twentieth century. Over time, the Constitution has been accepted by most political forces.