French Law & Government
Government & Politics
The French Republic is a unitary semi-presidential republic with strong democratic traditions. The constitution of the Fifth Republic was approved by referendum on 28 September 1958. It greatly strengthened the authority of the executive in relation to parliament. The executive branch itself has two leaders: the President of the Republic, who is elected directly by universal adult suffrage for a 5-year term (formerly 7 years) and is the Head of State, and the Government, led by the president-appointed Prime Minister.
The French parliament is a bicameral legislature comprising a National Assembly (Assemblée Nationale) and a Senate. The National Assembly deputies represent local constituencies and are directly elected for 5-year terms. The Assembly has the power to dismiss the cabinet, and thus the majority in the Assembly determines the choice of government. Senators are chosen by an electoral college for 6-year terms (originally 9-year terms), and one half of the seats are submitted to election every 3 years starting in September 2008. The Senate's legislative powers are limited; in the event of disagreement between the two chambers, the National Assembly has the final say, except for constitutional laws and lois organiques (laws that are directly provided for by the constitution) in some cases. The government has a strong influence in shaping the agenda of Parliament.
French politics are characterised by two politically opposed groupings: one left-wing, centred around the French Socialist Party, and the other right-wing, centred previously around the Rassemblement pour la République (RPR) and now its successor the Union for a Popular Movement. The executive branch is currently composed mostly of the UPM.
Foreign Relations
France is a member of the United Nations and serves as one of the permanent members of the U.N. Security Council with veto rights. It is also a member of the WTO, the Secretariat of the Pacific Community (SPC), the Indian Ocean Commission (COI). It is an associate member of the Association of Caribbean States (ACS) and a leading member of the International Francophone Organisation (OIF) of fifty-one fully or partly French-speaking countries. It hosts the headquarters of the OECD, UNESCO, Interpol, Alliance Base and the International Bureau for Weights and Measures. In 1953 France received a request from the United Nations to pick a coat of arms that would represent it internationally. Thus the French emblem was adopted and is currently used on passports.
French foreign policy has been largely shaped by membership of the European Union, of which it was a founding member. In the 1960s, France sought to exclude the British from the organization, seeking to build its own standing in continental Europe. Since the 1990s, France has developed close ties with reunified Germany to become the most influential driving force of the EU, but consequently rivaling the U.K. and limiting the influence of newly-inducted East European nations. France is a member of the North Atlantic Treaty Organization, but under President de Gaulle, it excluded itself from the joint military command to avoid the supposed domination of its foreign and security policies by U.S. political and military influence. In the early 1990s, the country drew considerable criticism from other nations for its atmospheric nuclear tests in Polynesia. France vigorously opposed the 2003 invasion of Iraq, straining bilateral relations with the U.S. and the U.K. France retains strong political and economic influence in its former African colonies and has supplied economic aid and troops for peace-keeping missions in the Ivory Coast and Chad.
Law
France uses a civil legal system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). Basic principles of the rule of law were laid in the Napoleonic Code. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, wrote about the management of prisons:
Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality.
That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy.
French law is divided into two principal areas: private law and public law. Private law includes, in particular, civil law and criminal law. Public law includes, in particular, administrative law and constitutional law. However, in practical terms, French law comprises three principal areas of law: civil law; criminal law and administrative law.
France does not recognise religious law, nor does it recognise religious beliefs or morality as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being abolished in 1791). However "offences against public decency" (contraires aux bonnes mœurs) or breach of the peace (trouble à l'ordre public) have been used to repress public expressions of homosexuality or street prostitution.
Laws can only address the future and not the past (ex post facto laws are prohibited); and to be applicable, laws must be officially published in the Journal Officiel de la République Française.
