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French and German Constitutions

This research paper describes and compares the principal provisions and features of the present constitutions of the Fifth Republic of France and the Federal Republic of Germany. There are important similarities and differences between the two constitutions reflecting the historical experiences of each nation with parliamentary democracy. Both constitutions were adopted under crisis conditions and were intended to remedy excesses of previous governments but the nature of those crises and failures were fundamentally different. In each, somewhat different methods were used to achieve a reasonable balance between individual rights, legislative prerogatives and effective executive action. Each constitution contains unique features. In practice both of them have worked out well.

Methods and Circumstances of Adoption

The Constitution of the Fifth French Republic was adopted by a popular referendum which approved it by a four to one vote on September 28, 1958. It was promulgated as law in October of that year. After Charles De Gaulle took power in the emergency in June, 1958, a new constitution was drawn up by the executive in consultation with the National Assembly which approved it on June 3, 1958 by a vote of 350 to 163.

The German Constitution took the form of a Basic Law, grundgesetz, which was drafted in 19481949 by a Parliamentary Council under the chairmanship of the leader of the Christian Democratic Party, Konrad Adenauer. The Parliamentary Council was appointed by a constituent assembly elected by German regional governments or lander pursuant to the London SixPower agreement of the Western allies which had decided to permit the West Germans to form a republic. The Basic Law was approved by the Council on May 8, 1949 by a 5312 vote and went into effect on May 23, 1949. The German Basic Law has been amended more than 30 times. When the newly elected lander in East Germany and East Berlin acceded to the Fed...

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French and German Constitutions. (1969, December 31). In LotsofEssays.com. Retrieved 19:21, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1692746.html