Formuła francuskiej dwuizbowości w świetle rozwiązań ustrojowych V Republiki
The French Model of Bicameralism in the Light of the Constitutional Arrangements of the Fifth Republic
Author(s): Łukasz JakubiakSubject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: bicameralism; France; Fifth Republic; National Assembly; Senate
Summary/Abstract: The article deals with the formula of bicameralism implemented on the basis of institutional schemeadopted in the Constitution of France of 4 October 1958. By providing an analysis of specifi c aspectsof a broader law-making function and oversight function of parliament, the author accentuates thespecifi city of the construction of the relative asymmetry applied therein, which involves the synthesisof symmetric solutions (e.g. relating to an amendment of the Constitution pursuant to Article 89)and those clearly asymmetric (e.g. based on government’s accountability to parliament). Special attentionshould be paid to Article 45 of the Constitution which regulates the relationship between bothchambers under the regular legislative procedure. The construction resulting from its provisions isbased on the assumption that the government may signifi cantly interfere in the legislative procedure,deciding in specifi c cases — through the so-called procedure of the last words of the National Assembly— on symmetry or asymmetry of Chambers, which is one of the signs of a particular kind offl exibility the French model of bicameralism. Moreover, the author indicates the impact of the socalledEuropeanization of the Constitution of the Fifth Republic on the position of the French secondChamber, and also examines the increase or decrease of actual role.
Journal: Przegląd Sejmowy
- Issue Year: 2016
- Issue No: 5
- Page Range: 33-53
- Page Count: 21
- Language: Polish