The “Grévy Constitution” and the “de Gaulle Constitution”: Two Directions for the Relocation of Presidential Power in the Constitutional History of France Cover Image

The “Grévy Constitution” and the “de Gaulle Constitution”: Two Directions for the Relocation of Presidential Power in the Constitutional History of France
The “Grévy Constitution” and the “de Gaulle Constitution”: Two Directions for the Relocation of Presidential Power in the Constitutional History of France

Author(s): Łukasz Jakubiak
Subject(s): History of Law, Constitutional Law, Political history
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Jules Grévy; Charles de Gaulle; France; Third Republic; Fifth Republic; constitution; presidential power; parliamentary system; rationalization; political responsibility of government;

Summary/Abstract: The paper deals with two different political interpretations of presidential power under the Third and Fifth French Republics, which clearly changed the position of the head of state in relation to the let- ter of constitutional acts that were in force at the time. Both of these interpretations were imposed by the presidents in office in the first years after the proper structures of the system of government had been established. The former (commonly known as the “Grévy Constitution”) led to the weakening of presidential power, and the latter (described as the “de Gaulle Constitution”) to its strengthening. Particular attention is thus paid to the formation of such particular unwritten norms of constitutional law in rationalized and non-rationalized parliamentary systems. In both cases, their basic feature turned out to be the ability to significantly modify the parliamentary system of government. In the last part of the paper, the stability and durability of the above-mentioned political interpretations of the afore- mentioned Constitutions are discussed. It is indicated that, in both cases, there were attempts to chal- lenge these non-codified standards. Although the causes of such actions were different from each other, neither brought any meaningful success.

  • Issue Year: 16/2023
  • Issue No: Sp. Issue
  • Page Range: 85 - 104
  • Page Count: 20
  • Language: English