Thursday, July 31, 2008

Making Laws in France

1895

The President Has No Veto When Bills Pass Both Houses.

The process of legislation in the French chamber is very simple, as described by The Chautauquan. Each chamber may initiate legislation upon any subject except the finances, and a bill upon any subject whatsoever must be passed in all its parts by a majority vote in both chambers in order to become a law. This is not only necessary, but it is also sufficient — i.e., the president of the republic has no veto power upon the legislation of the chambers. The constitution provides a period of 30 days between the passage of the law by the chambers and its necessary promulgation by the president of the republic and reduces this period to three days in case the chamber should vote that promulgation is urgent. Within those respective periods the president of the republic may demand of the chambers a reconsideration of the measure, and they are required by the constitution to accord the request. If they repass the measure by majority vote, the president must yield and promulgate the law.

The chambers can also initiate the call of the national assembly for the purpose of amending or revising the constitution. The chief question which has arisen in the exercise of this power is whether the chambers can limit the action of the national assembly by their agreement beforehand upon the subjects in regard to which the constitution may be amended or revised. The affirmative view of this question would be a security to the rights and powers of the smaller body, the senate, since the national assembly is composed of the members of the two chambers in joint assembly, but the more numerous deputies have espoused with great unanimity the negative view, and it must be recognized that they have the logic of the matter with them. The national assembly is the sovereign power in the constitution and cannot be limited, therefore, by a branch of the government, or even by the whole government, in its action. The national assembly may consider any subject it will when once it is organized. The chambers in joint assembly also elect the president of the republic.

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