Comparison betwenn French and English Constitution
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Document: Dissertation en anglais sur la comparaison entre la Constitution française et la Constitution britannique. Assignment in english on the comparison between the french Constitution and the english one.
Extrait: In the preamble of the current frenchconstitution, we can find a formula directly coming from the political theory of Montesquieu on the separation of powers in the ideal state. According to the article 16 of the declaration of rights of 1789 (Déclaration des Droits de l'Homme et du Citoyen), a state which does not guarantee the separation of powers cannot be legitimate.
Plan: 1. Obvious differences between british and french system 2. Still some common qualities existing
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[...] So usually the President prefers to not interfere too much in the state and focus on the leading of his party. But it is not only to this ground than we can show that sometimes Queen and President are closed. We can see also that the powers of the President are nearly the same as the Queen, even inefficient. They both decide the dissolution of the houses. They appoint the Prime Minister. We can even go further, the choice of the Prime Minister is limited. [...]
[...] That is why we can say that the both Parliament are a bit similar. In fact, a Parliament cannot bind the next Parliament. All what was done can be followed or reformed, but if it is not reformed, it is binding The subordination to the Human rights Human rights are a constant reference in the british system. United Kingdom is bind mainly by the European convention of human rights and a lot of international treaty as well. The priority of the international law upon the national law is too important for the Parliament to not follow it. [...]
[...] That is the reason why a comparison between both french and british organisations of powers is still interesting. Nowadays, the Crown has just some competences in principles but it never exercises them. It's the Houses and the Prime Minister, by means of the Parliament, that combine its former powers. The Parliament is composed by a bicameralism system: the House of Commons and the House of Lords, but this one is less powerful since the Parliament act of 1911 and 1949. [...]
[...] The constitution of the fourth Republic set up a parliamentary regime which had as a weakness the fact that it was nearly impossible to establish a stable government. This became a real problem during the crisis of the algerian war. To face this problem, General de Gaulle was asked to come back to the role of head of state, and with the help of the advice of Michel Debré, created the Constitution of the fifth Republic the 4th October 1958. On the other hand, the role of the Queen is reduced to a minor one. This could be explain by the lack of legitimacy. [...]
[...] Sure, when the President is in the majority he had the choice, but not when he is not, he is as the Queen, he must appoint somebody who has the confidence of a majority of members of Parliament. To conclude, we can see that, even if some common qualities remains, the french system and the british one are far too much different. Some people can say that they are democracy and that is what matters. But by sticking to the rules, we have two different system. The entrance in the european union and the acceptance of a treaty establishing a Constitution for it will be probably a step which bring those systems closer. [...]
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