Constitution of the Kingdom of France

From Roach Busters

Current revision as of 01:47, 31 August 2010

[edit] General Principles

Article 1. The Kingdom of France is one and indivisible. Constituted as a unitary, social, decentralized, monarchist State, it adopts parliamentary democracy as its form of government.

Article 2. The Roman Catholic Apostolic religion is the religion of the State.

Article 3. All Frenchmen and women, whatever may be their title, race, nation of origin, social status, or sexual orientation, are equal under the law, and enjoy the same rights and are subject to the same responsibilities.

Article 4. Paris is the capital of the Kingdom of France.

Article 5. The national symbols of the Kingdom are the flag, coat of arms, and anthem determined by an organic law.

Article 6. The Kingdom operates on the principles of social justice, the rule of law, respect for human rights, the social market economy, and representative government.

[edit] King

Article 7. The person of the King is inviolable and sacred. His Ministers are responsible.

Article 8. Every ruling, order, and decree issued by the King shall be countersigned by the Prime Minister and, when appropriate, by the other Minister or Ministers concerned.

Article 9. The command-in-chief of all armed forces in and under France is vested in the King. He convokes and presides over the higher councils and committees of national defense. He appoints and removes freely the commanders of the army, navy, and air force; declares war in the name of the Kingdom of France, with the prior approval of Parliament, or without it in the event of foreign aggression against France; issues military regulations in accordance with the law, fixes the number of the armed forces, and organizes and distributes them in accordance with the law and the country's needs.

Article 10. The King represents France at home and abroad. He personifies the national unity of Frenchmen and women, guarantees the Kingdom's independence, and preserves its territorial integrity.

Article 11. The King directs the foreign relations of the Kingdom concurrently with the Government. He negotiates, concludes, and signs treaties of alliance, commerce, friendship, and cooperation, and appoints and dismisses ambassadors, ministers plenipotentiary, and other consular and diplomatic personnel, and receives and accredits the ambassadors, ministers plenipotentiary, and other consular and diplomatic personnel of foreign countries.

He exercises the rights of National Patronage of the Kingdom in the presentation of archbishops and bishops, in agreement with the Ecclesiastical Senate or the national clergy assembled, and to acknowledge or withhold the decrees of the Councils, and the bulls, apostolic briefs, and rescripts of the Supreme Pontiff, with the approval of the Chamber of Peers.

Article 12. The King has the prerogative to create titles and confer decorations.

Article 13. The King exercises the prerogative of mercy and may commute sentences and grant private pardons.

Article 14. With the approval of the Prime Minister and the President of the National Assembly, the King may submit to a public referendum any Government Bill before its promulgation. The organization and manner of a referendum shall be determined by an organic law.

Article 15. When there exists a serious and immediate threat to the institutions of the Kingdom, the independence of the Nation, the integrity of its territory or the fulfilment of its international obligations, and the regular functioning of the constitutional public authorities has been interrupted, the King takes the measures required by the circumstances, after consulting officially the Prime Minister, the President of the National Assembly and the Chancellor. These measures must be inspired by the desire to ensure to the constitutional public authorities, with the minimum of delay, the means of fulfilling their functions. Parliament meets as of right. The National Assembly cannot be dissolved during the period of exercise of the exceptional powers.

Article 16. The King appoints and dismisses all public officials for whose designation no other authority has been made responsible, with the advice of the Government or the respective Ministers concerned; issues the regulations, ordinances, and decrees he deems suitable for the proper execution of the laws; and exercises vigilance and supervision over the public administration, ensuring that all officials, whatever may be their title, rank, or function, are at all times operating fully in accordance with this Constitution.

Article 17. The King exercises such other duties, powers, and attributes as the Constitution and the laws confer upon him.

[edit] The Government

Article 18. The general administration of the country and the execution of its domestic and external policy lies with the Government, acting, subject to the provisions of this Constitution, in cooperation with, and under the supervision of, the King.

Article 19. The Prime Minister, who shall be the head of the Government, shall be appointed by the King, basing his decision on who he believes will best be able to command the support of a majority of Parliament. He shall terminate the appointment of the Prime Minister when the latter tenders the resignation of the Government.

On the recommendation of the Prime Minister, he shall appoint the other members of the Government and terminate their appointments.

Article 20. The Prime Minister presides at the meetings of the Government, represents the latter before Parliament, coordinates the duties and functions of the other Ministers, supervises the correct performance of the functions of the civil service, assists and advises the King in conducting the policy of the Nation, and exercises such other duties as the King may see fit to assign to him.

Article 21. Instruments of the Prime Minister shall be countersigned, where required, by the Ministers responsible for their implementation.

Article 22. Within the limits of the general policy determined by the Government, each Minister shall conduct the business of his department autonomously and on his own responsibility.

Article 23. An organic law shall determine the number of Ministers, their duties and functions, the organization of their administrative departments, and the legal qualifications for being appointed a Minister.

Article 24. Membership in the Government shall be incompatible with the holding of any other public office. The position of deputy in the National Assembly is excepted.

Article 25. The Government shall be accountable to the King and to Parliament in accordance with this Constitution.

Article 26. Any member of the Government may resign at any time by lodging his resignation in writing with the King.

[edit] Parliament

Article 27. The legislative power in the Kingdom shall be vested in Parliament, which shall be composed of the King, the National Assembly, and the Chamber of Peers.

[edit] National Assembly

Article 28. The entire territory of the Kingdom shall be divided into as many electoral districts as there are members of the National Assembly in such manner as Parliament may prescribe.

Article 29. No electoral district shall form part of more than one province and the boundaries of each electoral district shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.

Article 30. Parliament shall review the division of the Kingdom into electoral districts at intervals of not less than eight and not more than ten years and may alter the electoral districts in accordance with the provisions of this section to such extent as it may consider desirable. Where the boundaries of any electoral districts are altered in accordance with this Constitution, that alteration shall come into effect upon the next dissolution of Parliament after the alteration has been approved by both the National Assembly and the Chamber of Peers.

Article 31. Each electoral district shall be represented by one deputy, elected by a relative majority of the votes validly cast.

Article 32. To be eligible as a deputy, a person must be a French subject who has reached the age of twenty-one years; is qualified to be registered as a voter in the electoral district for which he shall be elected; and is in full enjoyment of his political and civil rights.

Article 33. No deputy shall be elected with any binding mandate. Deputies shall represent the whole country and not the electoral districts for which they are elected.

Article 34. The National Assembly shall be the sole judge of the qualifications and elections of its members.

Article 35. Electoral law shall regulate the filling of vacancies that arise in the National Assembly and, in cases in which there are important grounds for doing so, the temporary substitution of members.

Article 36. Every National Assembly shall continue for five years from the first meeting thereof, but may at any time be dissolved by the King, after consulting the Prime Minister and the President of the National Assembly.

A general election shall take place no fewer than twenty days and no more than forty days after the dissolution. At any general election of members of the National Assembly, all polls shall be taken on one and the same day in all the electoral districts throughout the Kingdom, such day to be appointed by the King.

The National Assembly shall sit as of right on the second Thursday following its election. Should this sitting fall outside the period prescribed for the ordinary session, a session shall be convened by right for a fifteen-day period.

No further dissolution shall take place within a year following said election.

Article 37. The National Assembly shall, before proceeding to the dispatch of any other business, elect a member to be the President of the National Assembly.

The President shall preside over the meetings of the Assembly, direct all its administrative affairs, and enforce all disciplinary actions the Assembly takes on its members.

The President of the National Assembly may at any time resign his office either by announcing his resignation in person to the National Assembly or by notice in writing to the King.

He shall vacate his office if he ceases to be a member of the National Assembly, if he becomes a Minister, or if the National Assembly resolves by an absolute majority of the members thereof, that his office shall become vacant.

During the President's absence, a member of the National Assembly designated by a majority of the members thereof shall assume the President's duties for the duration of his absence.

[edit] Chamber of Peers

Article 38. The Chamber of Peers shall be convoked by the King at the same time as the National Assembly. The session of the one shall begin and end at the same time as that of the other.

Article 39. Every meeting of the Chamber of Peers which may be held outside of the time of the session of the National Assembly, or which may not be ordered by the King, shall be unlawful and of no validity.

Article 40. The appointment of peers shall belong exclusively to the King. He shall have power to determine their number, alter their dignities, appoint them for life, or make their peerage hereditary.

Article 41. Peers shall assume membership in the Chamber at the age of twenty-five years, but shall not have a deliberative voice until reaching the age of thirty years.

Article 42. The Chancellor shall exercies the Presidency of the Chamber of Peers, direct all its administrative affairs, and enforce all disciplinary actions the Chamber takes on its members. During his absence, a peer appointed by the King shall assume these duties.

Article 43. Members of the Royal Family and Princes of the Blood are peers by right of their birth, but shall not have a deliberative voice until reaching the age of twenty-five years.

The Princes may take their places in the Chamber only upon the order of the King, expressed for each session by a message, under penalty of invalidating everything which may have been done in their presence.

Article 44. The Chamber of Peers shall have exclusive jurisdiction over the crimes of high treason and attacks against the security of the State, which shall be defined by law.

Article 45. The Chamber of Peers alone has the power to approve or disapprove concordats concluded by the King with the Holy See.

[edit] Both Chambers of Parliament

Article 46. All deliberations of the National Assembly or the Chamber of Peers, whichever the case may be, shall be open to the public unless the National Assembly or the Chamber of Peers, whichever the case may be, decides by a vote of three-fourths of its members that the deliberations shall be conducted in secret.

Article 47. Except where there is a constitutional provision to the contrary, the decisions of each chamber shall be taken by a majority vote, when the absolute majority of its members is present.

Members' right to vote shall be exercised in person.

Article 48. No one may be a member of the National Assembly and of the Chamber of Peers simultaneously.

Article 49. No Member of Parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties.

No Member of Parliament shall be arrested for a serious crime or other major offence, nor shall he be subjected to any other custodial or semi-custodial measure, without the authorization of the chamber of which he is a member. Such authorization shall not be required in the case of a serious crime or other major offence committed flagrante delicto or when a conviction has become final.

The detention, subjecting to custodial or semi-custodial measures, or prosecution of a Member of Parliament shall be suspended for the duration of the session if the chamber of which he is a member so requires.

The chamber concerned shall meet as of right for additional sittings in order to permit the application of the foregoing paragraph should circumstances so require.

Article 50. All peers of the Chamber of Peers and deputies of the National Assembly shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the chamber concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

No peer or deputy shall directly or indirectly be financially interested in any contract with the government or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by Parliament during his term of office. He shall not appear as counsel before court in any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings; or accept employment to intervene in any cause or matter where he may be called upon to act on account of his office.

Article 51. The Chamber of Peers or National Assembly may make rules and orders with respect to the order and conduct of its business and proceedings.

If a joint sitting of the Chamber of Peers and the National Assembly is required, it shall be convened by the King by message to the Chamber of Peers and to the National Assembly.

At any joint sitting referred to in the previous paragraph the Chancellor shall preside and the rules of the Chamber of Peers shall, as far as practicable, apply.

Article 52. The salaries of peers and deputies shall be fixed by law. No increase or decrease in their salaries shall take effect until after the expiration of the term of office of all peers and deputies approving the increase or decrease.

Article 53. The power to initiate legislation shall belong to the Ministers, the deputies of the National Assembly, and the peers of the Chamber of Peers.

Every bill passed by Parliament shall embrace only one subject which shall be expressed in the title thereof.

No bill passed by either chamber shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President of the Council of Ministers certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Article 54. Bills on the introduction or cancellation of taxes, on exemption from their payment, on the issue of state loans, on changes in the financial obligations of the State, and other bills envisaging expenses covered from the budget may be submitted only upon a conclusion of the Government and shall originate exclusively in the National Assembly.

Article 55. If a bill is passed by the chamber in which it originated, it shall be submitted within five days for consideration by the other chamber. If both chambers approve the bill, it shall be sent to the King for its examination; and if the King approves it, it shall become law.

If a bill is totally or partially rejected by the King, it shall be returned, with his objections, to the chamber in it which it originated; the latter shall reconsider it and if it is confirmed by a majority of two-thirds of the votes, it shall be sent again to the revising chamber. If both chambers approve it by such majority, the bill shall become a law and the King shall obligatorily promulgate it. In all such cases the voting in both chambers shall be by roll call, by yeas and nays; and both the names and grounds of the voters, as well as the objections of the King shall be immediately published by the press. If the chambers differ as to the objections, the bill cannot be reintroduced in the legislative session of that year.

In the enactment of laws the following formula shall be used: "Be it enacted by His Most Christian Majesty the King of France and Navarre, the Chamber of Peers, and the National Assembly on this day [insert date here] in the Year of Our Lord [insert year here]."

Article 56. Parliament is competent:

(1) To initiate and pass laws, legislative decrees, and resolutions, and to interpret, modify, or repeal those in existence.

(2) To levy, abolish, increase, and decrease taxes.

(3) To draft sanctions for violation of the Constitution and the laws.

(4) To approve, modify, or disapprove the budget and general accounts.

(5) To authorize borrowing and to authorize, consolidate, and amortize the national debt.

(6) To decree general amnesties.

(7) To approve or disapprove treaties and other international agreements, with the exception of concordats, which shall be approved or disapproved by the Chamber of Peers alone.

(8) To effect the demarcation and division of the national territory.

(9) To coin money and regulate the value thereof, and to issue and maintain a uniform standard of weights and measures.

(10) To permit or prohibit the entry of foreign troops into the territory of the Kingdom, and to refuse or permit the expedition of national forces outside the Kingdom.

(11) To regulate domestic and foreign trade.

(12) To actualize the political responsibility of the Government.

(13) To demarcate the functions and areas of jurisdiction of provincial and local governments and, on the initiative of the King, to delegate and remove additional powers to provincial and local governments.

(14) To amend the Constitution, by a two-thirds vote of the full membership of both Chambers.

(15) To exercise such other duties and perform such other functions as may be authorized by this Constitution or required by law.

[edit] Relationship with the Government

Article 57.