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Comparative Politics and Government

Notes candidate’s part for the second round, the Constitutional Council would declare that the whole election
procedure must be gone through again, and the same would be the case in the event of the death or
incapacity of one of the two candidates remaining in contention for the second round. In the light of
the foregoing, the Constitutional Council would decide to extend for upto 35 days from the date of its
decision the time limits for the holding of a presidential election as laid down in Art. 7 of the
Constitution.
Functions and Powers: A look at the functions and powers of the President of the Fifth Republic
brings home the fact that his authority “is formidable” Apart form executive and legislative powers
usually granted to the head of the state in other democratic countries of the world, the French President
has ‘emergency’ powers as well which leave in his hands a loaded gun to save his nation or finish his
opponents in the name of national unity and security. Says Dorothy Pickles: “Like his predecessors
under the Third and Fourth Republics, the President is politically irresponsible for acts carried out by
him in pursuance of his functions, except in the case of high treason, for which he can be tried before
the High Court of Justice. This provision is comprehensible in the case of a President who presides
but does not govern, but less so in that of a President of the Fifth Republic who, even in normal
circumstances, can exercise some degree of real power, and who, in an emergency, has the right to
exercise almost unlimited power.”
First, we discuss the executive powers of the President. The President is the head of the state as well
as of the government, since all business of the government is conducted in his name and he presides
over meetings of the cabinet which ‘determines and directs the policy of the nation’. He appoints the
Prime Minister and other ministers (on the recommendation of the Prime Minister) and terminates
their functions when any one of them tenders his resignation. He presides over the meetings of the
Council of Ministers and signs ordinances and decrees as decided by this body. He also makes
appointments of civil and military officers of the state, State Councillors, the Grand Chancellor of the
Legion of Honour, ambassadors and envoys extra-ordinary, Master Councillors of the Audit Office,
prefects, representatives of the Government in the Overseas Territories, general officers, rectors of
academies (i.e., regional divisions of the public educational system) and directors of central
administration. These appointments are made by the President in the meeting of the Council of
Ministers. It is provided that an organic law shall determine other posts and their conditions of
service under which the President shall make appointments or delegate his powers to his nominees.
As head of the state, the President accredits ambassadors to foreign countries and receives foreign
ambassadors in his country. As Commander of the armed forces, he presides over the high councils
and committees of national defence. Whenever he has some doubts over the constitutional validity of
an international treaty or agreement, he can refer the question for referendum over the decision of
the State Council and can delay the ratification of the said treaty until the Constitution is amended in
case the decision of the Council is favourable. In domestic sphere, he stands forth as the guarantor of
national independence and protector of the territory and has been charged with the duty of ensuring
respect for the Constitution. He speaks for the nation and incarnates the national will and he is the
arbiter of national affairs. Finally, he has the prerogative of mercy and thus he can exercise his right
to pardon a criminal or commute his punishment.
Then, the President has important legislative powers. He promugates the laws within 15 days following
the transmission to the Government of the finally adopted law. Before the expiration of the time-
limit, he may ask the Parliament for the reconsideration of the law or its certain parts and this
recommendation cannot be refused. It is further provided that the President, on the proposal of the
Government during the parliamentary session or on joint motion of the two Houses published in the
Official Journal, may submit to a referendum any bill dealing with the organisation of governmental
authorities, entailing approval of a Community agreement, or providing for authorisation to ratify a
treaty that, without being contrary to the Constitution, might affect the functioning of existing
institutions. When the referendum decides in favour of the bill, the President promulgates it within
the time limit of 15 days. With the consultation of the Prime Minister and the Presidents of the National
Assembly and the Senate, the President can declare the dissolution of the Assembly. Then, general
elections shall take place at least 20 days before and at most 40 days after the dissolution. The National
Assembly shall convene by right on the second Thursday following its election. However, if this

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