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It basically says that the government can call for a law to be promulgated without a Parliamentary vote - and that can only blocked by a motion de censure by Parliament.

It is useful to get laws passed when you only have a relative majority, because instead of needing an absolute majority to get the law voted in, you need only to be able to deny that absolute majority to the opposition.

Of course, it can be abused as it was this time, to short circuit debate, but it is explicitly seen as an abuse, so, in essence, it works as an "exceptional" procedure.

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (etg@eurotrib.com) on Mon Apr 3rd, 2006 at 05:15:30 AM EST
[ Parent ]
The worry is of course, that (for example) in both the UK and US exceptional procedures are being abused and over time various "taboos" lose their meaning. My gut instinct is that Sarkozy will be another proponent of this philosophy.
by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 06:00:54 AM EST
[ Parent ]
He actually said in the beginning of the year that he would strenghtened presidential powers if elected. So much for our hope that concesus will one day be the way to govern.

Rien n'est gratuit en ce bas monde. Tout s'expie, le bien comme le mal, se paie tot ou tard. Le bien c'est beaucoup plus cher, forcement. Celine
by UnEstranAvecVueSurMer (holopherne ahem gmail) on Mon Apr 3rd, 2006 at 06:04:07 AM EST
[ Parent ]
Among other things, the 49.3 is an anti-filibuster weapon. It disables the parliamentary opposition every time the government decides.

All part of the anti-Parliament, anti-parties line on which the constitution was written.

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 06:34:19 AM EST
[ Parent ]
Is it time for a 6th Republic, yet?

tens of millions of people stand to see their lives ruined because the bureaucrats at the ECB don't understand introductory economics -- Dean Baker
by Migeru (migeru at eurotrib dot com) on Mon Apr 3rd, 2006 at 06:50:44 AM EST
[ Parent ]
I certainly agree with Montebourg in his advocacy of change. Whether it should be a revision of the 5th or a new Republic is another question. And exactly how constitutional changes would be framed, I'm not sure.

But, broadly, Parliament's powers need increasing relative to the presidency. The PM and major ministers should be deputies, not just presidential appointees.

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:06:19 AM EST
[ Parent ]
What does the constitution of the 5eme say about constitutional reform [including a new constitution]?

tens of millions of people stand to see their lives ruined because the bureaucrats at the ECB don't understand introductory economics -- Dean Baker
by Migeru (migeru at eurotrib dot com) on Mon Apr 3rd, 2006 at 07:22:21 AM EST
[ Parent ]
Either referendum or ratification by the Congrès (National Assembly plus Senate meeting at Versailles, 3/5 majority required).

I think really major changes would require a referendum.

See Wikipédia (French).

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:38:44 AM EST
[ Parent ]
Perhaps I'm looking at this from the wrong perspective, but that doesn't sound all good.
by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 06:59:45 AM EST
[ Parent ]
Can you expand?

(Not a query concerning girth).

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:08:22 AM EST
[ Parent ]
Well, parties are a fact of life and so in a lot of ways, an anti-Parliament, anti-parties constitution is little more than elected dictatorship, a la Ancient Rome?

Particularly when it is "convention, custom and peer pressure" that is the main defense against abuse. As we've seen in the US and the UK a determined, media savvy government can run roughshod over such implicit restraints.

by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 07:25:50 AM EST
[ Parent ]
I agree. The Constitution of the 5th was written to set de Gaulle up with broad powers during the crisis of the Algerian war. Since then those powers, likened by some to those of a monarch, have been enjoyed by French presidents who have unsurprisingly not suggested reducing them...
by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:44:43 AM EST
[ Parent ]

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