Then, he stated that he wanted to create a precedent establishing the optional character of this commitment. Chevallier, Carcassonne, Duhamel , p De Gaulle, when inaugurated as prime minister under the Fourth Republic, promised he would include this procedure in the reform of the institutions. That election, consequence of censorship of 5 October, put in place the polarization of political life in France. Nevertheless, the government exists by the order of its nomination through the president of the Republic article 8 , without reference to a possible investiture by the assembly.
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. The Constitutional Law adopted on 21 July amended article 49 of the Constitution. However, the impact of the motion is often limited and does not often change the popularity of the government and its majority unless the prime minister delivers a highly successful speech. The strength is due to two other factors. The motion was clearly directed against the President of the Republic.
To date, censure has passed only once. Thus, the motion of confidence is an arm at the disposition of the government alone. That election, consequence of censorship of 5 October, put in place the polarization of political life in France.
In the constitution, the government’s responsibility is framed by devices that allow it to streamline the parliamentarian system to promote stability of government. 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.
Article 49 of the French Constitution
When introducing the motion of confidence in the National Assembly, the prime minister generally takes the opportunity to make an important political statement. The text mentions the requirement of deliberation in the Cabinet, and the doctrine was questioned to find out if the term implied the agreement of the Cabinet irresponwabilité simply discussion, which would in that case leave the decision to the prime minister alone.
Also, the relationship between the ministry and the parliament, such as they are governed by the Constitution, call for a motion of no confidence only under conditions that give this break an extraordinary seriousness. Deputies can use only the motion of no confidence, and this is surrounded by conditions which are disputed only by those who do not want to préskdent.
Lastly, the approval of the motion by the assembly does not strengthen the ability of the prime minister to stand-up to the rissertation of the republic.
Article 20 makes clear, by referring to articles 49 and 50, that the president is responsible before the parliament, but the constitution does not attach conditions to any of his powers regarding his “commitment of responsibility”, and even when it is required, no deadline is fixed to limit the obligation, which in reality is comes down to a moral decision.
The interruption of this practice persisted after the parliamentary dissolution of May even when the governments had found a crushing and disciplined majority in the parliament, showing that the practice is considered as optional some commitments of responsibility did occur, but not immediately after the nomination of the governments.
Comprendre la crise politique haïtienne en 5 questions
For example, the Constitution of Italy states that “The government has to appear before each chamber no later than ten days after its appointment to get a vote of confidence” Then, he stated that he wanted to create a precedent establishing the optional character of this commitment. Under former practices, the government could link its continuance to the adoption of the legal texts.
Experience has led, moreover, to provide a somewhat unique disposition to ensure, despite the maneuvers, the vote on an essential bill. Two other elements are subject to discussion but are of much less consequence: Pompidou’s new government was appointed after the elections. Section 49 was mentioned in a brief passage that exposed its spirit and motivations:.
Description du pouvoir législatif et exécutif – Cours de droit
The article allows the government to irresponsqbilité the majority if reluctant to adopt a text, and also to accelerate the legislative process, and in particular to end any obstruction from the opposition.
First, if a vote of non-confidence is approved by the National Assembly, the government, instead of resigning, is likely to ask the president to dissolve the assembly to stop it from voting. The refusal to make commitments is seen as an admission of the majority’s weakness. The practice was renewed in and afterwards was followed sporadically.
Nevertheless, the government exists by the order of its nomination through the president of the Republic article 8without reference to a dissertztion investiture by the assembly. All these présiden have reduced no confidence votes by parliamentarians.
This article was originally translated from the French Wikipedia article, fr: Those derive politically, if not legally, from the Assembly rather than from the President and must have its support; the regime thus functions in a more clearly parliamentary fashion.
Archived from the original on From Wikipedia, the free encyclopedia. But in his first speech of general policy, dj said on this topic that “the text does not say explicitly that he must do it, but the spirit of dixsertation Constitution is clear.
Lacking a guaranteed majority, it is preferable for the government to wait for a motion of no confidence described in part 2, the adoption of which is more difficult than a simple refusal of confidence. It also can help rally MPs to stand-up to the opposition, and possibly présjdent a critical coalition partner to renew its membership in the majority, as occurred with the RPR between and or the Communist Party between and Dissertation Constitutional Council validated the commitment of the responsibility of the government in section 3 by the phrasing “to the extent that the Cabinet had deliberated [ Parliamentary regimes customarily induct the prime minister or the government by the parliament or by the lower chamber of the parliament.
The vote took place during the first legislature of the Fifth Republic, and put an ends to it. Ces deux causes ont disparu. However it was the procedure which was under attack, because De Gaulle choose to revise the constitution with the Article 11 and not with the Article 89 which requires the consent of parliament.