President Emmanuel Macron has been re-elected for a second five-year term. This, after obtaining 58.54% of the vote to beat the far-right candidate Marine Le Pen.
This is the culmination of an electoral process during which more than 45 million French people were called to the polls.
The election of the French president by universal suffrage is, however, a relatively recent practice in France. And in fact, under the previous constitution, the president was not even the political figure with the most power.
The electoral process we see today was established by General Charles de Gaulle in a referendum in 1962. Marine Le Pen wanted to use a similar mechanism to assert her “national priority” policy if elected.
Let’s see what has changed in the Constitution to include the French people in the decision-making process of a presidential election.
President Bonaparte: a ceremonial role only
The first president of France is considered to have been Louis-Napoleon Bonaparte (nephew of the first Napoleon Bonaparte) under the short-lived Second Republic from 1848.
Its newly drafted constitution at the time provided for the direct vote of male citizens for president. He obtained – today – an unthinkable result of 75% in the first round. The Second Republic was followed by the Second Empire after the President declared himself Emperor.
However, the political situation had changed some 20 years later. From 1870 to 1958, under the Third and Fourth Republics, it was the Prime Minister who held most of all legislative powers, with the President of the French Republic exercising a largely ceremonial role.
The idea of a popularly elected president was brushed aside by lawmakers at the time. This, lest the person elected may wield dictatorial powers. Especially after the 1851 coup by Louis-Napoleon Bonaparte. In fact, he was to be elected by deputies and senators.
The negligible legislative role of the president under these two constitutions was described by General de Gaulle in a famous quote, where he said that the president “inaugurates the chrysanthemums”.
A new system granting more power to the president was introduced by General de Gaulle. It was revealed in the Bayeux speech of 1946.
De Gaulle’s idea was to seek a balance between the executive and the legislative. This, by voting for a political personality who would place himself above any political party. But who would remain dependent on the laws passed by parliament.
Indirect universal suffrage system
However, the constitution of the Fifth Republic did not include the election of the president by a national vote in its initial draft. It operated with a system of indirect universal suffrage.
The French president was elected by an electoral college of 80,000 elected officials. The personalities in question were normally members of the Senate and the National Assembly. As well as departmental or municipal councillors, who had previously been elected by the public. And this, during their own elections and were therefore considered to represent them.
It was, however, still considered to have less political stature than the National Assembly, which was the only political institution elected by direct universal suffrage.
President De Gaulle and the revision of the Constitution in 1962
The political turmoil of the Algerian war worked in Mr. de Gaulle’s favor when he proposed that the French people vote in a referendum. This, to elect the French president by universal suffrage.
Considering that this change would strengthen his position to the detriment of parliament, he declared that it would allow him to enact the Evian Accords. Agreements that aimed to give Algeria its independence from France.
Some 62.3% of voters voted in the referendum for the direct election of presidents by the people. De Gaulle then signed the Evian Accords, and was re-elected. This time by men and women, according to the new fashion in 1965.
To amend the Constitution regarding the election of President De Gaulle used Article 11 of the Constitution which states, among other titles, that an incumbent president may submit a referendum to the French people on a matter related to the organization of public authorities. Even so, the decision was controversial and contrary to the (non-binding) opinion of the Constitutional Council. Because normally another article of the Constitution provides for a procedure for revising the Constitution itself.
Article 11 was mentioned during the 2022 presidential campaign by Ms Le Pen as part of her “national priority” policy, which would aim to grant greater privileges to French citizens, giving them priority over nationals. foreigners with regard to issues such as social housing and employment. .
Le Pen would most likely have been deemed unconstitutional
Ms Le Pen’s legislative overhaul would most likely have been ruled unconstitutional, experts told The Connection. However, she said she would bypass parliament by calling on the French people to vote on the issue in a referendum. This in an approach similar to that of General de Gaulle in 1962.
Even if Ms. Le Pen had gained the confidence of the French thanks to the referendum, the Constitutional Council could have invalidated the referendum before it was held.
The Constitutional Council has the power to invalidate a referendum. And this, if he considers that the question would undermine the traditional order of public institutions.
This has been the case since the “Hauchemaille decision”, named after the lawyer who took up the case in 2000. Previously, it was only notified when a referendum was to take place and could only give an opinion .
