FRENCH & GERMAN CONSTITUTIONS.
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Compares major provisions, methods & circumstances of adoption, individual rights, separation of powers.... More...
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Paper Abstract:
Compares major provisions, methods & circumstances of adoption, individual rights, separation of powers.
Paper Introduction:
FRENCH AND GERMAN CONSTITUTIONS
This research paper describes and compares the principal provisions and features of the present constitutions of the Fifth Republic of France and the Federal Republic of Germany. There are important similarities and differences between the two constitutions reflecting the historical experiences of each nation with parliamentary democracy. Both constitutions were adopted under crisis conditions and were intended to remedy excesses of previous governments but the nature of those crises and failures were fundamentally different. In each, somewhat different methods were used to achieve a reasonable balance between individual rights, legislative prerogatives and effective executive action. Each constitution contains unique features. In practice both of them have worked out well.
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two constitutions reflecting the historicalexperiences of fundamentally different In each somewhat different methodswere used to Circumstances of Adoption The Constitution of the Fifth French emergency in June a new constitution wasdrawn in by a Parliamentary Council lander pursuant to theLondon Six-Power agreement of the Western allies amended more than times When thenewly elected united Germany pursuant toArticled of by universal suffrage In France was on the brink collapse Giles says that the French had been caught since with sovereign power and thePresident of the ofthe Third Reich Protection of Individual Rights Both the law without distinction as to origin man the development ofhis personality newfor the French Similar provisions had been for a secular state TheBasic the main political parties reachedagreement on a constitutional amendment to back to the memories of thedisastrous inflation of the Law provides for a FederalConstititutional Court Ardagh says this innovation of such abuses Article provides that theConstitutional made that wouldlimit its guarantees of human rights The Basic Law sets out a balance between upper house the Bundesrat which they elect tostrengthen the powers of the President who had largely ceremonialfunctions In his speech ofJune at Bayeux he said that arbitration the regularfunctioning of the public appointed by thePresident and has national referendum a powerwhich De Gaulle used frequently amendment to make future Presidents electible bythe people rather than effect of these reforms was to create a strong rested in the handsof the President who strengthened the legislature ThePresident is a figurehead The Chancellor who is ministers are granted acertain degree of latitude points out thata key provision was Constitution which makes the Chancellor responsible for thepolicy of Weimar's The extremes of undueconcentration and excessive constitutionalframeworks which balance well order and freedom Endnotes Frank York Harper Row The Europa World Year Book Volume Martin's Press Jean Lacouture De Gaulle The Ruler New Germans New York Harper Row Crozier Brian De York Herder Book Center Lacouture Jean DeGaulle Wighton Charles Adenauer New York Coward-McGraw constitutions of the Fifth Republic of Franceand the Federal excesses of previous governments but the executive action Each constitutioncontains unique features In practice both of It was promulgated as law in October of that year June by a vote of to The German Constitution took was appointed by a constituentassembly Council on May by a vote and went into effect October the Basic Law which the approvalon October by a percent vote Fourth Republic which hadundergone changes of government since theConstitution of had proved to the Soviet Union and sought torestore democracy after the ofMan Article stated that the and for the people The first men and women also contained in theFrench Constitution a representative democracy and of aparliamentary state was given of theBasic Law states that persons persecuted for of the Basic Law contains a American model with the power by judicial review to thesystem and so the rule of law was clarified to endanger theexistence of the well-balanceddocument that protects basic democratic freedoms while allowing established but the Lander have jurisdiction over centralized for centuries The most political instability De Gaulle regarded a strong Article provides that the President watchesover the elected for a term of seven years was given the a national emergency He was alsogiven the power to beapproved by both houses of the legislature State later found his actionto the Europa Year Book concluded that the balance was sought between the powers of isalso directly elected To guard against another Hitler the affairs oftheir departments autonomously and on their own responsibility carried if in the same motiona new Chancellor is nominated members of his owncoalition Ardagh says that new Republic's Constitution of the problems they facedand their histories Heidelmeyer The German Question New York Herder BookCompany Macmillan Ardagh Ardagh David Marsh Wighton Adenauer New York Conrad-McGraw The Fourth and Richest Reich New York Macmillan New York St Martin's Press The Europa World Year Book FRENCH AND GERMAN CONSTITUTIONS This research paper each nation with parliamentary democracy Bothconstitutions achieve a reasonable balance between Republic was adopted by apopular referendum which approved up by the executive in consultation with under thechairmanship of the leader of the Christian which had decided topermit the West Germans to form lander in East Germany and the Unification Treaty The French constitution has beenamended only a of civil war because of the Revolution in a love-hate Republic with severely limited authority constitutions were based on the protection of fundamental race orreligion It shall respect all beliefs Its the equality of all persons before the contained in the WeimarConstitution of and Law guaranteed the rights and status of churches the law of asylum whichtightened s Division and Separation of Powers Both constitutions provide for was important because after it Court can declare unconstitutional any party which seeks to or alters the country's democraticbasis Ardagh says the powers of the nationalgovernment the Federation or must consent to roughly half of under the Fourth Republic and to eliminate the system ofproportional the Head of State must reconcile powers and the continuity of the state TheConstitution provides for duties to the legislature The President under Article and Crozier says arbitrarily Althoughthe Constitution as previously by an appointed electoral college toa national executive and a shifttoward direct his authority through direct appeals elected by the people and his government can be They must under Article follow the generalguidelines laid down by inserted in the Basic Law which provides the government enabled Adenauer to disregard autocratically theviews of his fragmentation of power have been avoided Conclusion By Giles The Locust Years New I London EuropaPublications Edwin Hastrich The Fourth York W W Norton Brian Crozier De Gaulle Gaulle New York Scribner's Giles Frank The Ruler New York W W Republic of Germany There are important similarities anddifferences between the nature of those crises andfailures were them have worked out well Methods and After Charles DeGaulle took power in the the form of a Basic Law grundgesetz which was drafted elected by German regional governments or on May The German Basic Law has been had alwaysbeen provisional became the constitution of in a popular referendum of theelection of the President was on the verge of be disastrously unworkable Underit the political system left the Assembly collapse of the totalitarian dictatorship Republic shall ensure the equalityof all citizens before articles of the Basic Law emphasized the dignity of and freedom of speech and religion This was not greater emphasis than under the WeimarConstitution The French Constitution provided political reasons enjoy theright of asylum In December requirement that thebudget be balanced which Hartrich says harks declare anystatute unconstitutional The Basic and strengthened in order toprevent a reoccurrence Federal Republic no amendments can be curbs to beplaced on extremist parties many internalmatters and acting through the important changes made by the French Constitution were presidency asessential to the effective functioning of the Republic Constitution He ensures by his powerto dissolve the Assembly and the Prime Minister who is refer certain matters to a the National Assembly and theSenate De Gaulle took his be unconstitutional but De Gaulle prevailed According to Lacouture the newsystem provided a strong stable executive Real power theexecutive which had been abused under Hitler and President andthe Chancellor must remain separate offices and TheBundestag is a strong constitutional body however Wighton He said that clause plus one lifted fromthe Weimar hasproven far more effective than France and Germany have achieved John Ardagh Germany and the Germans New The Germans New York St Ardagh BibliographyArdagh John Germany and the Heidelmeyer Wolfgang The German Question New Volume I London Europa Publications describes and compares the principal provisionsand features of the present were adopted under crisis conditions and were intended toremedy individual rights legislative prerogatives and effective it by a four to one vote on September the National Assembly whichapproved it on Democratic Party KonradAdenauer The Parliamentary Council a republic The Basic Law was approved bythe East Berlin acceded to the FederalRepublic of Germany on few times the most important amendment being the internalcontroversy over the Algerian War The relationship between freedom and authority He says that Germany wasfaced with a serious external threat humanrights The Preamble to the French Constitution incorporated the Rights principle shall begovernment of the people by the people law freedom offaith and conscience equal rights for the Frankfurt constitution of butHeidelmeyer says that the principle of which are notdisestablished like the Catholic church in France Article requirements to entry into Germany especially for economicmigrants Article an independent judiciary but not oneon the was seen that Hitler's lawyers had managed to exploit impair or destroy the free democratic basic order or the Basic Law is a very liberal and Bund and the Lander The supremacy of theBund is all federal laws French government hasbeen representation in the National Assembly which had contributedto thenational interest and serves as an arbiter above politicalcontingencies the supremacy of a two-headed executive thePresident who was was given plenary powers in case of as of provided that amendments to it had to referendum in The Council of democracy at the expense of elected assemblies Inpractice after years tothe people in national referendums In Germany more of a removed from office by the Bundestag which the Chancellor but shall conduct the that a motionof censure against the Chancellor can only be Cabinet and to run roughshod over the different methods based on the nature York Carroll Graf Giles Giles Wolfgang and Richest Reich New York New York Scribner's Lacouture The Europa World Year Book Charles The Locust Years New York Carroll Graf Hastrich Edwin Norton Marsh David The Germans two constitutions reflecting the historicalexperiences of fundamentally different In each somewhat different methodswere used to Circumstances of Adoption The Constitution of the Fifth French emergency in June a new constitution wasdrawn in by a Parliamentary Council lander pursuant to theLondon Six-Power agreement of the Western allies amended more than times When thenewly elected united Germany pursuant toArticled of by universal suffrage In France was on the brink collapse Giles says that the French had been caught since with sovereign power and thePresident of the ofthe Third Reich Protection of Individual Rights Both the law without distinction as to origin man the development ofhis personality newfor the French Similar provisions had been for a secular state TheBasic the main political parties reachedagreement on a constitutional amendment to back to the memories of thedisastrous inflation of the Law provides for a FederalConstititutional Court Ardagh says this innovation of such abuses Article provides that theConstitutional made that wouldlimit its guarantees of human rights The Basic Law sets out a balance between upper house the Bundesrat which they elect tostrengthen the powers of the President who had largely ceremonialfunctions In his speech ofJune at Bayeux he said that arbitration the regularfunctioning of the public appointed by thePresident and has national referendum a powerwhich De Gaulle used frequently amendment to make future Presidents electible bythe people rather than effect of these reforms was to create a strong rested in the handsof the President who strengthened the legislature ThePresident is a figurehead The Chancellor who is ministers are granted acertain degree of latitude points out thata key provision was Constitution which makes the Chancellor responsible for thepolicy of Weimar's The extremes of undueconcentration and excessive constitutionalframeworks which balance well order and freedom Endnotes Frank York Harper Row The Europa World Year Book Volume Martin's Press Jean Lacouture De Gaulle The Ruler New Germans New York Harper Row Crozier Brian De York Herder Book Center Lacouture Jean DeGaulle Wighton Charles Adenauer New York Coward-McGraw constitutions of the Fifth Republic of Franceand the Federal excesses of previous governments but the executive action Each constitutioncontains unique features In practice both of It was promulgated as law in October of that year June by a vote of to The German Constitution took was appointed by a constituentassembly Council on May by a vote and went into effect October the Basic Law which the approvalon October by a percent vote Fourth Republic which hadundergone changes of government since theConstitution of had proved to the Soviet Union and sought torestore democracy after the ofMan Article stated that the and for the people The first men and women also contained in theFrench Constitution a representative democracy and of aparliamentary state was given of theBasic Law states that persons persecuted for of the Basic Law contains a American model with the power by judicial review to thesystem and so the rule of law was clarified to endanger theexistence of the well-balanceddocument that protects basic democratic freedoms while allowing established but the Lander have jurisdiction over centralized for centuries The most political instability De Gaulle regarded a strong Article provides that the President watchesover the elected for a term of seven years was given the a national emergency He was alsogiven the power to beapproved by both houses of the legislature State later found his actionto the Europa Year Book concluded that the balance was sought between the powers of isalso directly elected To guard against another Hitler the affairs oftheir departments autonomously and on their own responsibility carried if in the same motiona new Chancellor is nominated members of his owncoalition Ardagh says that new Republic's Constitution of the problems they facedand their histories Heidelmeyer The German Question New York Herder BookCompany Macmillan Ardagh Ardagh David Marsh Wighton Adenauer New York Conrad-McGraw The Fourth and Richest Reich New York Macmillan New York St Martin's Press The Europa World Year Book
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