CONTINUITY AND DISCONTINUITY OF FRENCH CONSTITUTIONAL LAW SINCE THE THIRD REPUBLIC

Abstract

The text considers the continuities and discontinuities of French constitutional law from the last quarter of the nineteenth century to the present. It begins by differentiating between two constitutions – the social, intended for those who are governed, and the political, applied to those who govern. It shows that the French constitution has been consistent in the areas of human rights and freedoms, and amendable in the sphere of public governance. The Declaration of the Rights of Man and of the Citizen set the foundation for the social constitution, later developed by adding “layers”, such as expanding the scope of rights and freedoms, and their protection. On the other hand, the Fifth Republic represents a break within the domain of public governance, when a parliamentary system was substituted with a presidentialist one. The conclusion considers the possibility that despite their autonomy, the two French Constitutions are nevertheless in harmony with one another, noting that the rule of law is the very basis for the formidable synthesis of law and politics in a democratic society.