De Gaulle's Vision and the 1958 Constitution

Charles de Gaulle brought to the constitutional debate a clear diagnosis of France's political ailments. He believed that France needed:

1. A Strong Executive: Unlike the parliamentary systems that had failed, the new Republic would have a powerful president who could act decisively in times of crisis.

2. Democratic Legitimacy: This strong executive must derive authority directly from the people, not just from parliamentary maneuvering.

3. Institutional Balance: While strengthening the executive, the system must maintain checks and balances to prevent authoritarian drift.

4. National Unity: The institutions should transcend party politics and embody the general interest of France.

The Constitution of October 4, 1958, reflected these principles. Drafted under the supervision of Michel Debré, de Gaulle's justice minister, it created a hybrid system that borrowed elements from both presidential and parliamentary traditions.

Key Innovations of the 1958 Constitution

The Dual Executive: The Constitution established both a President and a Prime Minister, creating a unique division of executive power. The President would embody national sovereignty and handle major state decisions, while the Prime Minister would manage day-to-day government and maintain parliamentary confidence.

Presidential Powers: The President received significant powers, including: - Appointment of the Prime Minister - Dissolution of the National Assembly - Calling referendums on important issues - Emergency powers under Article 16 - Leadership of the armed forces - Conduct of foreign policy

Rationalized Parliamentarianism: To prevent the instability of previous republics, the Constitution limited Parliament's ability to overthrow governments. Strict procedures for censure motions and votes of confidence made governmental crises less frequent.

Constitutional Council: A new institution was created to ensure laws conformed to the Constitution, introducing judicial review to French democracy for the first time.