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How Is Power Used?

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Politics in Western Europe

Abstract

The mere outline of the powers of the principal institutions—the executive, the legislature, and the civil service—found in the constitution and the laws cannot adequately convey how policies in France are decided and implemented. The distinction between what the French have called “the legal country” and “the real country” can be seen, first, in the tendency of Fifth Republic presidents to interpret the constitution in such a way as to increase their power at the expense of that of the prime minister. This has applied not only to cabinet appointments, in which most presidents have had an almost free hand. Most important, it has also applied to the content of policy decisions. De Gaulle (who took little interest in economics) and Pompidou did give their prime ministers a great deal of discretion except, of course, in the areas of foreign and defense policies; but Giscard (an Énarque specialized in economic matters) took an active lead in almost all aspects of domestic policy (even while his government was headed by Barre, a professor of economics) and even “meddled” in the drafting of the language of government bills.

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Notes

  1. The actual provisions of the 1958 constitution do not include a “bill of rights.” Nevertheless, the preamble of that document includes references to the Declaration of the Rights of Man and Citizen of 1789 and to the preamble of the Fourth Republic constitution, both of which have extensive listings of rights and liberties, among them freedom of association. In its decisions, the Constitutional Council has “inserted” these references into the constitution by according them operational validity.

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  2. Between 1959 and 1987, the Constitutional Council rendered decisions on 187 pending bills: only 29 between 1949 and 1974, 65 between 1974 and 1981, 74 between 1981 and 1986, and 19 in 1986–87. Of these, 70 (or 41%) voided the bills in question. See Louis Favoreu, “Conseil constitutionnel: mythes et réalités,” Regards sur l’Actualité 132 (June 1987): 18.

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  3. See Philippe Rocqueplo, “Regards sur la complexité du pouvoir: Enquête dans les cabinets ministériels,” Annales des Mines, June 1990, 4–30.

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  4. Jean-François Doumic, “L’administration parallèle,” Le Monde, 2 February 1989.

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  5. “Lettre à tous les Français,” in Le Monde, 8 and 9 April 1988.

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  6. “Gouverner autrement,” dated 25 May 1988, in Regards sur l’Actualité, 143 (July–August 1988): 15–18.

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  7. “Le débat televise entre les deux candidats,” Le Monde, Dossiers et Documents, L’Election présidentielle, 1995, 55.

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© 1998 Macmillan Publishers Limited

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Hancock, M.D., Conradt, D.P., Peters, B.G., Safran, W., Zariski, R. (1998). How Is Power Used?. In: Politics in Western Europe. Palgrave, London. https://doi.org/10.1007/978-1-349-14555-3_9

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