The Political System of France

Introduction

France as any other country, always draws to itself attention of historians, lawyers, politicians. Originality of this country, love of freedom of its people which have proclaimed in the Constitution of the word: "The French people solemnly proclaim the commitment to human rights and the principles of the national sovereignty", deserve respect and studying of its constitutional bases originating from known events of 1789 and adoption of the Declaration of human rights and the citizen. Relevance of the problem considered in this work, is caused by features of this country and its political system. The purpose of work is to consider the French political system as a whole, its structures, branches of power and their interaction.

General characteristic of the country

France occupies all western part of Europe. The capital of the state is Paris. Now indivisible France includes 96 departments in mother countries, 4 overseas departments (Guadeloupe, Guiana, Martinique, Reunion), two territories with the special status (Mayotte, Saint Pierre and Miquelon) and four, overseas territories (New Caledonia, Polynesia, Wallis and Futuna, the Southern and Antarctic territories). The basis of the territorial organization is made by communes. The commune totals about 36 thousand people.

The main unit of administrative-territorial division of France are departments. In the country they are presented in number 96 of internal and so-called overseas departments. The largest unit in administrative division of France is the region. Regions are available and in overseas territories. Formation of regions was caused by need of overcoming of obstacles for economic and social development owing to existing narrow administrative and territorial units. The small sizes of these units ceased to promote use of natural, economic and human resources.

In France the republican form of government is traditional, except for two empires. Thus the Constitution establishes the mixed republican form. It is expressed that the head of state is elected besides Parliament, and the Prime minister is appointed the President without consent of the supreme representative body. It would be possible to define the French state as the presidential republic, however the government bears responsibility before the lower house of parliament. It is inherent for the parliamentary form of government at which the President can't withdraw the Prime minister. As a whole the political system in France is characterized by the mixed republican form of government.

Constitution of France

In post-war time in the constitutional development of France two periods differ:

· the first - the period of the Fourth Republic - from 1946 to 1958,

· the second - from the moment of adoption of the existing Constitution of 1958.

The basic law of 1946 was inspired by the general democratic lifting after a victory over Hitlerite fascism - the most democratic for all history of the country - formed legal base for the subsequent social and political transformations.

The constitution of 1958 as result of change of a ratio of political forces in the country, was approved on a referendum on September 28 and

I laid the foundation to the Fifth Republic. Far right mutiny in Algeria, at that time the French colony, and threat of civil war in the mother country was the direct cause for its acceptance.

Bourgeois parties were unanimous and voted in National assembly for change of Art. 90 of the Constitution of 1946 regulating procedure of its revision, and for transfer of the constituent power of the "strong" personality - to the general Charles de Gaulle.

At the same time National assembly specified the principles on which the new Constitution has to be based. Here these principles:

- universal suffrage as only source of the power,

- observance principle of division of the authorities,

- responsibility of government before Parliament,

- independence of judicial authority,

- creation of the new organization of the relations with the colonial people.

The basis of the document was formed by Charles de Gaulle stated by it, mainly, in the speech in Baye's the constitutional views, on June 16, 1946. The basic principle - rule of law and norms of international law.

The basic law of 1958 established hierarchy of the legal norms operating in the country. Above pyramids there is a Constitution, below - organic laws, is even lower - usual laws. A little the laws adopted on a referendum, the international contracts and the agreements properly ratified by France "keep aloof".

The basic law established the republican Form of government having mixed character as in it lines of the presidential republic (the head of state are observed is chosen without parliament participation, the government is appointed by it) and the parliamentary republic (the government bears responsibility before the lower house of parliament).

Democratic character of the Republic speaks about existence in the country of the political regime of the same name. The constitution specifies as components of such mode universal suffrage, direct or indirect, but always equal and secret, possibility of existence of political parties and groups.

Actually the Constitution of 1958 is only part, though the most considerable, the existing constitutional legislation. Thus, feature of the existing Constitution of France is its structure and an order of fixing of the proclaimed rights and freedoms

Political parties

In France the opinion of the people and it as to any other country the political pluralism was characteristic was always respected. The current Constitution of the French Republic proclaims: "Political parties and groups promote expression of opinions by vote. They are created and carry out the activity freely. They have to respect the principles of the national sovereignty and "democracy".

The set of political parties and movements acts on political arena, mobility is peculiar to them. They arise, fall into decay, disappear, merge, blocked, change policy guidelines and names. Parties are formed freely. The only condition is submission of the declaration in administrative bodies. Special permission for formation of any party isn't required. All political associations and the parties which haven't been registered according to the established procedure, don't possess any legal right ability. In special cases such right ability can be recognized by judicial authorities.

In France from numerous parties and associations a noticeable role in political life play some most considerable:

· French socialist party, (more than 180 thousand people);

· movement of the left radicals (about 30 thousand members);

· French Communist party (500 thousand members);

· Association in support of the Republic (about 900 thousand members);

· Republican Party (about 160 thousand members);

· Center of social democrats (about 30 thousand members);

· The national front founded in 1972 - represents the far right organization.

In France parties of restriction are financed by individuals. The state finances only those parties which exposed candidates at least in 75 constituencies.

Referendum

Referendum - the opportunity provided to voters to take part in the solution of the major state questions. In France on national and at local level now the referendum is the only type of direct democracy. At national level the referendum, according to the Constitution, is provided three times.

Conditions of holding referendum following:

1) vote can be taken according to the offer of the Government or on the joint offer of chambers of Parliament, instead of at the initiative of the President of the Republic;

2) if the referendum is held according to the Government offer, it has to be made during Parliament session;

3) if the project is approved on a referendum, it has to be promulgated in 15-day time.

1958 determined by the Constitution a legal order excluded any control of actions of the President.  Later, in August, 1995, scope of a referendum was expanded, the question of reforms in economic and social policy which wasn't earlier is taken out.  Thus, opportunity to refer on a referendum matters economic and

social policy I excluded ability to resolve these questions by a majority vote at its meetings from a circle of powers of Parliament.

Referenda can be held on territorial problems. As well as for any other country this question is rather scrupulous and by a number of laws are entered and local referenda work.

Central public authorities

The French central executive power has "two-headed" structure:  it includes the President of the Republic and the Prime minister.

The president possessing own major powers, carried out without countersign of members of the government, has to bear responsibility for most general activities of the state. On the Prime minister appointed by the President, the duty is assigned to represent and carry out other acts of executive power. It has to put into practice policy, proceeding from the general orientations of the President.

However, the legal hierarchy of executive power actually doesn't exist in practice. From the very beginning of existence of the Fifth Republic the custom of responsibility of government before the President of the country was established, i.e. the monism of executive power was entered. Power concentration in hands of the head of state and the Government - one of manifestations of a constitutional and authoritative tendency in the French state mechanism which always was to it it is inherent.

Thus, feature of management of the French state at accurate in compliance to the principle of division of the power is some priority of executive power before legislative.

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