His reading gave the president of the republic a primacy that goes well beyond the letter of the constitution, but which is often consistent with the practice. The new arrangement is more efficient, in that the legislators will prefer not to vote to force the resignation of the government even if they oppose the law in question, because they fear a form of political suicide in the eyes of the voters. But in his first speech of general policy, he said on this topic that “the text does not say explicitly that he must do it, but the spirit of the Constitution is clear. From Wikipedia, the free encyclopedia. Archived from the original PDF on September 30,

The simple language and the grammar [ During his press conference on 31 January , General de Gaulle returned to the topic of the functioning of the institutions. Various solutions have been implemented to ensure the ability of the government to pass laws. Most parliamentarians believe that the procedure is unconstitutional. The refusal to make commitments is seen as an admission of the majority’s weakness. In reality, the president appoints the government, but the government can be withdrawn only on presentation of the resignation of the prime minister.

Two other elements are subject to discussion but are of much less consequence: The article, which comprises four paragraphs, is designed to prevent ministerial crises like those that occurred in France under the Fourth Republic. Those derive politically, if not legally, from the Assembly rather than from the President présidetn must have its support; the regime thus functions in a more clearly parliamentary fashion.

Without it, the French constitution would clearly define a presidential system, albeit dissertattion strong powers endowed to the executive branch by the constitution.

The Constitutional Council remarked incidentally that article 49 “tends to confer an analogous meaning” [13] to the two terms. That election, consequence of censorship of 5 October, put in place the polarization of political life in France. Idresponsabilité, it is difficult to ascribe actual stability of the governments with these technical measures. As for the reluctant coalition partner, it may vote to support the motion while expressing reservations and criticisms.


Description du pouvoir législatif et exécutif – Cours de droit

From Wikipedia, the free encyclopedia. The strength is due to two other factors. Under former practices, the government could irreeponsabilité its continuance to the adoption of the legal texts. In that irresponsabbilité lie the core of things and the great part of the changes made. As stated in article 50, a negative vote with a simple majority, in contrast to the two following paragraphs, which protect the executive to a greater extent leads to a resignation of the government.

dissertation irresponsabilité du président

By using this site, you agree to the Terms of Use and Privacy Policy. It can be interpreted as an obligation, typical of parliamentary regimes, or simply an option, a privilege of the separation of powers and the prerogatives of the president. The circumstances of that vote are quite specific, it occurred at the end of the Algerian crisis, which affected the first years of the Fifth Republic, a kind of transitional phase in its history.

Article 49 of the French Constitution – Wikipedia

They did this, however, always emphasizing that they proceeded from the president of the Republic and not the parliament, and that it was not an investiture.

The Constitutional Council validated the commitment of the responsibility of the government in irresponasbilité 3 by the phrasing “to the extent that the Cabinet had deliberated [ On the other hand, under the Fifth Republic, it no longer possible, as under the previous Republic or regimes, to attach motions of confidence to votes of law to force the assembly to vote on the combined motion and the law.

But in his first speech of general policy, he said on disserttation topic that “the text does not say explicitly that he must do it, but the spirit of the Constitution is clear.

The procedure of section Thus, the motion of confidence is an arm at the disposition of the government alone. To date, censure has passed only once.

Description du pouvoir législatif et exécutif

Ces deux causes ont disparu. The practice was renewed in and afterwards was followed sporadically.


dissertation irresponsabilité du président

Lastly, the approval of the motion by the assembly does not strengthen the ability of the prime minister to stand-up to the president of the republic. It disappeared again between and when the socialist governments, whose support did not reach a majority in the parliament, no longer could resort to the vote of confidence except on a single specific occasion: In the constitution, the government’s responsibility is framed by devices that allow it to streamline the parliamentarian system to promote stability irgesponsabilité government.

His reading gave the president of the republic a primacy irres;onsabilité goes well beyond the letter of the constitution, but which is often consistent with the practice. It is usual in French law for the simple present irresponsabilifé to connote a requirement and not a simple option: The vote’s application and action by the parliament, in this regard, is an essential characteristic of any parliamentary system.

Article 49 of the French Constitution

The word engage to commit, or to “make [something] an issue” in Section Retrieved from ” https: The motion was filed on October 2, after General de Gaulle had announced on 30 September a referendum in accordance to Article 11 of irrespoonsabilité Constitution to organize the election of the President of the Republic by direct suffrage.

Nevertheless, the government exists by the order of its nomination through the president of the Republic article 8without reference to a possible investiture by the assembly. De Gaulle won very easily the 28 October referendum and the parliamentary elections on 18 and 25 November.

In this regard, these reluctant MPs will become more bound by their vote since the text of the motion focuses on specific points, rather than on their general support of the government’s policy, however, this does not prevent them from rejecting certain laws.