“Let’s keep the Fifth Republic and its Constitution, as much criticized as it is adored, but let’s keep them better”

2023-10-03 17:00:03

Keeping the Fifth Republic can have two meanings. On the one hand, we may want to keep it, to remain in the regime that was born sixty-five years ago on October 4, without establishing a Sixth Republic that some are calling for. On the other hand, it may involve monitoring the Constitution, its respect, so that the rules it establishes and the rights and freedoms it guarantees are neither affected nor altered.

Also read the column: Article reserved for our subscribers Dominique Rousseau: “A constitutional revision is necessary, otherwise a revolution will be inevitable”

However, the French seem to have an ambivalent relationship with the Constitution and the regime, based on a “I love you, me neither” or rather a “I don’t love you, me too”. They complain about it regularly, often criticize it in what excess it allows, and sometimes denigrate it by denouncing the Caesarism it has established. But, conversely, as soon as they have the opportunity to change it, by bringing to power someone defending a constitutional project intended to transform the regime, they systematically give up. Worse, they almost always elect the one who proposes a minimalist evolution, while respecting the initial spirit of the Constitution imagined by General de Gaulle.

Thus, this Constitution is as much criticized as it is adored.

Should this 65th anniversary sound like that of retirement or that of a facelift? Should we change “the” Constitution or should we change “the” Constitution? The first hypothesis would amount to establishing a new regime, the often mentioned one of a Sixth Republic. But what to put there? Supporters of such a break find it difficult to agree between those who want a fully parliamentary regime, without direct election of the President of the Republic and a Parliament elected by proportional representation (which amounts to reestablishing the Fourth Republic) and those who want a fully presidential regime, without political responsibility or right of dissolution. The supporters of a Sixth Republic unite to criticize the current Constitution, but not on the content of a new one.

Transform the Constitutional Council

Conversely, the second hypothesis consists of identifying what is dysfunctional in our Constitution – because, if it has many virtues, it is not free of defects –, to propose developments intended to remedy it. The objective is then to offer a form of modernization, or “rejuvenation” to this Constitution to which the French remain attached.

Also read the column: Article reserved for our subscribers “The Constitution needs a “makeover””

This is what the Reflection Group on the evolution of the Constitution and institutions (Gréci), made up of around forty French academics, focused on from January to September 2023. Without wishing to arrogate to us a role which is not ours, because it is not up to us to revise the Constitution, nor even to launch the process, we wanted to enrich the constitutional debate, which can also be taken up by politicians and citizens, because we believe that it is our role but also our duty to contribute to this debate. One hundred and thirty proposals were thus formulated, structured around seventeen themes, which cover all constitutional fields, without any being unanimous within Gréci, highlighting the diversity of scientific expertise.

You have 51.35% of this article left to read. The rest is reserved for subscribers.