William George Andrews - The Impact of the Fifth Republic on France
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A Study of Executive-Legislative Relations 19581974
WILLIAM G. ANDREWS
State University of New York College at Brockport
State University of New York Press ALBANY
To Scott, my severest critic
Published by State University of New York Press, Albany
1982 State University of New York
All rights reserved
Printed in the United States of America
No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews.
For information, address State University of New York Press, State University Plaza, Albany, N.Y., 12246
CONTENTS
Preface
vii
Key to Abbreviations
ix
Part I. Structure
1. The 1958 Constitution
1
2. Executive Councils and Committees
39
3. Executive Personnel
69
Part II. Law Making
4. Domain of Law
101
5. Executive Law Making
121
6. Parliamentary Law Making
157
Part III. Government and Society
7. The Transformation of French Society, 19461962
201
8. Elements for a Constitutional Theory
211
Conclusion
231
Appendix A: The Domain of Law in the Constitution
235
Notes
239
Bibliography
281
Index
289
Page vii
PREFACE
This book comes neither to bury de Gaulle nor to praise him. It neither attacks nor defends the governmental system he founded. Rather, it seeks to understand and explain.
Understanding is sought by presenting a substantial amount of information on the original design of the regime, its practice in law making, and the personnel and structure of its political executive. Much of the material has been rendered into statistical form to increase precision. It focuses on the executive-legislative relationship in the formulation of legislation. Its general import is to correct the exaggerated perception of overwhelming executive dominance that has marked so much of the literature on that topic since 1958.
Explanation is offered through interpretation of the intentions of the framers of the 1958 constitution, practice in the regime and changes in French society, and by comparison with selected Western democratic political systems. The constitution is shown to have been solidly parliamentary in design. Practice appears to have moved toward presidentialism. French society is described as having evolved very significantly from fragmentation toward cohesion between 1946 and 1962. Comparison of democratic regimes in Great Britain, Germany, and France suggests that more cohesive societies have more presidential governmental systems, tending to confirm that explanation for the French case.
This study began in 197374 with the aid of a sabbatical leave from Brockport and a National Endowment for the Humanities senior fellowship. It has accumulated many debts as it lumbered slowly along. The research and writing for the first draft were done at the libraries of the Institut d'tudes politiques, the Documentation franaise, and the National Assembly in Paris and the Assembly's statistical services, with much help from their hospitable staffs. Two of the chapters were completed during three-week stays in Paris in the
Page viii
summers of 1975 and 1977 with the assistance of grants-in-aid from the SUNY Research Foundation's University Awards Program. Another chapter was written and the final revisions on the book were made during a Spring 1981 sabbatic. The other chapters were completed during time snatched away from administrative and teaching responsibilities with the benevolent acquiescence of Brockport's former president, Albert W. Brown; its academic vice presidents, especially Ralph Gennarino and Vera King Farris; and my department chairman, Harold Rakov.
Earlier versions of four chapters were presented as papers at annual meetings of the American Political Science Association, the International Studies Association, a triennial congress of the International Political Science Association, and at the 1978 Brockport Conference on the Fifth French Republic. They benefited greatly from the comments of the other panelists. Also very helpful were the reviews by readers for the SUNY Press. In particular, I want to thank Nicholas A. Wahl, Gerhard Loewenberg, John Ambler, Ezra Suleiman, Stanley Hoffmann, and my colleague, Henry L. Bretton.
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