A new constitution in France

Introduction
France needed a new constitution due to political instability in the Fourth Republic
Period (1946-1958), and with the adoption of the "1958 Constitution", which was prepared
under the leadership of General Charles de Gaulle, the Fifth Republic Period started in
France. The new constitution's primary goal is to prevent the political instabilities that
previously lived in France and create a strong executive against the legislature for a strong
France. The aim of this study is to provide the regional organization of the state in the light of
the effect of the state and government form, legal regulations and the influential role of the
Supreme Constitutional Court, which started with the 1958 Constitution.
Looking at the historical development in general; Between the 16th and the 18th
centuries, France had a state structure governed by an absolute monarchy. The French
monarchy ended with the French Revolution of 1789, and the "old regime" was destroyed,
replaced by "new regime" established on the basis of the principles of equality and freedom.
It took a long time for the new regime established based on the principles of freedom and
equality to achieve political stability, and France witnessed many political events and turmoil
in this process. This process has led to many constitutional changes. For these reasons, the
history of the French Constitution is considered as the richest and most contradictory history
in the world. The main reason for the transition to the Fifth Republic Period, which started
with the Constitution of 1958, was the political instability experienced during the Fourth
Republic Period. Political polarization and division made the Parliament's legislative
activities difficult. The transition from the Fourth Republic to the Fifth Republic is basically a
transition caused by the struggle for independence in Algeria. The Algerian uprising took
place on May 13, 1958, brought the end of the Fourth Republic period. The independence
movements that took place in Algeria, which was a part of France during that period, gained
momentum in 1954, and the French army, which could not control the situation, carried out
the coup on May 13, 1958, with the help of the commanders in Algeria. This coup did not
provide a solution to the independence movements and caused the problems to get deeper.
During a speech by Charles de Gaulle on May 15, 1958, Gaulle declared that France was
heading towards disintegration and that he was ready to take on the responsibilities of the
Republic. French Government decided to leave the power to Charles de Gaulle.
On June 1, 1958, the government led by Charles de Gaulle started working on
regime change and was appointed by the Parliament to prepare a new constitution. Although
many constitutional experts and ministers worked during the preparation of the 1958

Constitution, Charles de Gaulle is seen as the "founding father" of the Fifth Republic. The
Constitution, which was accepted with 80% of the votes as a result of the referendum held on
September 28, 1958, entered into force on October 4, 1958, and started the Fifth Republic
Period in France.
The 1958 Constitution has been changed 24 times since its adoption. While some of
these changes are significant, many have only been made up of adjustments to minor
technical details. The regulations made in 2008, which can be considered as the most
important of these, eliminated the constitutional gap regarding whether the presidents would
be re-elected and brought the rule that the presidents could be elected twice in a row. One of
the changes made within the scope of the 2008 amendments is the regulation that requires the
President to consult with the Parliament on many appointments. Although the regulations
made other than these are not essential to change the quality of the system, the death penalty
has been abolished with these changes, and some rules have been introduced regarding
gender equality.
Form of State and Form of Government
France is a democratic social state with a Republican form of government. The head
of state of France, which consists of more than twenty administrative departments, about a
hundred departments and tens of thousands of communes, is the President.
The President, whose powers and duties are regulated between Articles 5 and 18 of
the 1958 Constitution, ensures that the Constitution is respected and, based on his powers of
arbitration, acts as a guarantor of the continuity of the state and the regular operation of
public forces.
The Election of the President
As a result of the constitutional changes that took place on November 6 1962, the
election method of the President was declared as a one-stage election. The single-level
electoral system is in the form of a rule for direct election of the President by the people. The
direct election of the President by universal suffrage and single-level election system is
described as the most basic and distinctive feature of the Fifth Republic Period. The French
political system, which has the characteristics of the parliamentary system with the 1958
Constitution, turned into a "semi-presidential" system as a result of this change.
According to the 1958 Constitution, no one can hold the Presidency for two
consecutive terms. The President of the Republic is elected by the mere childhood of the

votes cast as a result of the election. If this majority of votes cannot be achieved in the first
round of voting, the second round is held on the fourteenth day following the elections. As
stated in Articles 6 and 7 of the Constitution, the two candidates with the highest votes in the
first round can participate in this second round.
President’s Powers and Duties
These duties are stated in articles 8 and 9 of the constitution; To appoint the Prime
Minister, to terminate his office upon the submission of the Government's resignation by the
Prime Minister, to appoint other members of the Government upon the proposal of the Prime
Minister, to dismiss these persons and to chair the Council of Ministers.
The President is the person responsible for approving and promulgating laws that
have been finally adopted. This strictly accepted law approval process, which is called
"Promulgation" process, has been subjected to a period of time. Before the end of this period,
the President has the right to ask the Parliament to re-debate the articles. As seen in Article 10
of the Constitution, this request of the President for a re-debate is not rejected by the
Parliament, and as it is understood from Article 11, the President has the power to submit
some draft laws to a referendum.
As mentioned in Articles 12-15, after receiving the opinion of the President, Prime
Minister and the Speakers of the Assembly; May have the authority and duties such as
dissolving the National Assembly, signing the decrees and decisions discussed in the Council
of Ministers, making the appointment of the civil and military duties of the state, accepting
the ambassador and extraordinary credentials sent to foreign countries, being the head of the
armed forces, and chairing the National Defense High Council and Committees. .
As stated in Article 16 of the Constitution, the President of the Republic, when the
institutions of the Republic, the independence of the nation and the integrity of the country or
the fulfilment of international treaties are seriously and urgently threatened, and the regular
functioning of the public constitutional authorities is interrupted, the President, the Prime
Minister, the Presidents of the Assemblies and the Constitutional Council will take the
necessary measures of the situation after a consultant.
Article 20: The main task of the government is to determine and carry out national
policy. The administration and the armed forces can be used within this executive power.
Article 21: The President directs the activities of the Government, determines the
implementation of the law and is responsible for national defence. It presides over the