Lecture Notes on the 5th Republic Political Institutions

The notes cover the political institutions established under the 5th Republic of France, emphasizing the stronger executive role, the structure of Parliament, and the intricacies of governance.

Charles De Gaulle became the last Prime Minister of the 4th Republic.
The agreement was for De Gaulle to establish a new republic with a more potent executive.
Constitution drafted by Michael Debre and adopted via national referendum on September 28, 1958 with 79.25% in favor.

Stronger Executive:
- The President is the Head of State.
- Elected using a two-ballot system (runoff if no candidate secures over 50% in the first round).
- Presidential terms last for 5 years (changed from 7 years before 2000).
The President selects the Prime Minister, but this must be from the majority party in the National Assembly.

Can appoint the cabinet (though suggestions come from the Prime Minister).
Chairs cabinet meetings.
Has the authority to put legislation directly to a national referendum (Article 11) and can invoke emergency powers (Article 16).
Can dissolve the National Assembly and call for new elections (done 4 times, notably by De Gaulle and Mitterrand).

The assembly's power is considerably diminished under the 5th Republic.
Comprised of 577 deputies elected through a two-ballot system.
Historical seating arrangement: Leftists on the left, Right-wing deputies on the right (originates from the French Revolution).
Deputies can propose legislation but only have limited time to do so, and they can expel the Prime Minister.

Governed by Article 23, which establishes incompatibility—Prime Minister and Cabinet members do not sit in the National Assembly but must appoint “seat warmers.”
Article 44 allows fast track voting on bills without amendments; Article 49.3 enables the Prime Minister to declare laws adopted unless a vote of no confidence is initiated within 48 hours.
The Prime Minister drafts the budget, which can only be amended without worsening budget deficits.
Cohabitation occurs when the President and Prime Minister are from different parties, leading to political conflict.

The Senate holds limited power, somewhat akin to the House of Lords in the UK.
Senators are selected by electoral colleges and often represent more conservative, rural areas.
The Senate can block amendments but lacks a straightforward conference committee for bill resolution (the National Assembly's version prevails).

After surviving an assassination attempt in 1962, De Gaulle sought to implement direct presidential elections.
Opposed by the Senate, he bypassed Parliament and took the issue to a referendum, leading to the dissolution of the National Assembly and subsequent elections.
De Gaulle won both: the referendum and the parliamentary elections restored Georges Pompidou as Prime Minister.

Not as independent as the U.S. judiciary; lacks strong judicial review powers until the establishment of a Constitutional Court in 2009.
Divided into three main court types: Civil, Criminal, and Administrative, each with a structure leading up to its highest court.

Characterized by its Integrated Elite, referred to as the Iron Triangle (Top Civil Servants, Business Leaders, and Politicians).
Grandes Ecoles train elite bureaucrats, especially in response to historical military defeats that prompted a need for capable leaders.

Understanding the 5th Republic’s institutions involves recognizing the strong role of the executive, the compromised powers of the legislature, the dynamics of the judiciary, and the interconnected elite that shapes French politics.