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DISSERTATION IRRESPONSABILITÉ DU PRÉSIDENT

For even without a majority in the National Assembly, the president would still be able to nominate a government to suit himself and thus hold all theirs powers. It disappeared again between and when the socialist governments, whose support did not reach a majority in the parliament, no longer could resort to the vote of confidence except on a single specific occasion: In the constitution, the government’s responsibility is framed by devices that allow it to streamline the parliamentarian system to promote stability of government. Archived from the original on However, the impact of the motion is often limited and does not often change the popularity of the government and its majority unless the prime minister delivers a highly successful speech. It allows the new prime minister to put forward his positions and pledge the soundness of his government. The practice was renewed in and afterwards was followed sporadically.

On the other hand, under the Fifth Republic, it no longer possible, as under the previous Republic or regimes, to attach motions of confidence to votes of law to force the assembly to vote on the combined motion and the law. Those derive politically, if not legally, from the Assembly rather than from the President and must have its support; the regime thus functions in a more clearly parliamentary fashion. In this regard, these reluctant MPs will become more bound by their vote since the text of the motion focuses on specific points, rather than on their general support of the government’s policy, however, this does not prevent them from rejecting certain laws. The Fifth Republic provides for a much more powerful weapon with the paragraph 3 see below. Voting on the motion can assure MPs worried about the unpopularity of their party if there is a clear victory in the National Assembly.

Archived from the original PDF on September 30, But after the presidential election of DecemberPrime Minister Georges Pompidouwho became, jrresponsabilité again, the head of a third government, waited for the opening of the common session of the parliament in April to present his program, making a simple declaration followed by a debate without a vote, and thus without a commitment of responsibility, although he had a solid parliamentary majority.

One category of government did, however, systematically require the confidence of, and almost investiture by, the Assembly upon coming into office: Lacking a guaranteed majority, it is preferable for the government to wait for a motion of no confidence described in part irressponsabilité, the adoption of which is more difficult than a simple refusal of confidence. Article irresponsabioité makes clear, by referring to articles 49 and 50, that the president is responsible before the parliament, but the constitution does not attach conditions to any of his powers irresponsabiljté his dkssertation of responsibility”, and even when it is required, no deadline is fixed to limit the obligation, which in reality is comes down to a moral decision.

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However, the impact of the motion is often limited and does not often change the popularity of the government and its majority unless the prime minister delivers a highly successful speech.

On the other hand, under the Fifth Republic, it no longer possible, as under the previous Republic or regimes, to attach motions of confidence to votes of law to force the assembly to vote on the combined motion and the law. If the former can be understood as a catalogue of the principal arrangements that the government hopes to make, probably as soon as it is established, in the logic of the investiture, and the latter as an irresponsailité of its reasoning and of its intentions in a precise domain which would take—or to which the government would want to give—a particular importance, the distinction has no practical consequence.

Voir en particulier les articles 24 et 46 de la idssertation. De Gaulle was moving on 5 October and received on 6 October Pompidou announcing his dissertatiion, as Article 50 forces him to do. Then, he stated that he wanted to create a precedent establishing the optional character of this commitment. All these elements have reduced no confidence votes by parliamentarians.

dissertation irresponsabilité du président

The practice was renewed in and afterwards was followed sporadically. The censure was passed only once under the Fifth Republic, during the 4 October meeting in reality on the morning of 5 October.

Article 49 of the French Constitution – Wikipedia

However it was the procedure which was under attack, because De Gaulle choose to revise the constitution with the Article irrfsponsabilité and not with the Article 89 which requires the consent of parliament. The clause 3 allows the government to impose the adoption of a text by the assembly, immediately and without a vote, that the assembly cannot oppose without toppling the government through a motion of no confidence clause 2.

His reading gave the president of the republic a primacy that goes well beyond the letter of the constitution, but which is often consistent with the practice.

Voting on the motion can assure MPs worried about the unpopularity of irresponsabilté party if there is a clear victory in the National Assembly.

Chevallier, Carcassonne, Duhamelp De Gaulle took note of the resignation without formally accepting it, and requested the Government to remain in office, and announced the dissolution of the National Assembly on 9 October.

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It allows the new prime minister to put forward his positions and pledge the soundness of his government.

In irresponsbailité of change of prime minister during the same session, the second will have this option even if the first has already used it. For even without a majority in the National Assembly, the president would still be able to nominate a government to suit himself and thus hold all theirs powers.

dissertation irresponsabilité du président

You can help Wikipedia by assisting in the translation. The new arrangement is more efficient, in that the legislators will prefer not to vote to force the resignation of the government even if they oppose the law in question, because they fear a form of political suicide in the eyes of the voters. They did this, however, always emphasizing that they proceeded from the president of the Republic and not the parliament, and that it was not an investiture.

Article 49 of the French Constitution

When introducing the motion of confidence in the National Assembly, the prime orresponsabilité generally takes the opportunity to make an important political statement. Quoted by Monin, p.

The motion was passed easily, the Gaullist party UNR being the only major group not to vote it. Irresponsabiliré the other hand, the Fifth Republic has been characterized by the appearance of stable political parties and reliable electoral coalitions able to irresponsqbilité support the government. The motion of confidence can also help the government in its relations with its majority in parliament.

But in his first speech of general policy, he said on this topic that “the text does not say explicitly that he must do it, but the spirit of the Constitution is clear. The speech is a mark of courtesy and deference to parliament. This page was last edited on 1 Julyat In this extreme case, the president, who has the responsibility to ensure the continuity of the state, also has the means to do so, because he may resort to the nation to make it the judge of the dispute via new elections, or a referendum, or both.

dissertation irresponsabilité du président