French Constitution of 27 October 1946
The Constitution of the French Republic of 27 October 1946 was the constitution of the French Fourth Republic.
Constitution of the French Republic | |
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Facsimile of the 1946 Constitution | |
Overview | |
Jurisdiction | Provisional Government, Fourth Republic |
Created | 29 September 1946 |
Presented | 28 October 1946 |
Date effective | 24 December 1946 |
System | Parliamentary |
Government structure | |
Branches | Parliament, Executive |
Chambers | 2: National Assembly Council of the Republic |
Executive | dual: President of the Republic President of the Council |
History | |
Repealed | 4 October 1958 |
Amendments | 2 |
Last amended | Constitutional Law of 3 June 1958 |
Supersedes | Constitutional Law of 2 November 1945 |
Full text | |
French Constitution of 1946 at Wikisource |
Adopted by the Constituent Assembly of 1946 on 29 September 1946, and promulgated by Georges Bidault, president of the Provisional Government of the French Republic, on 27 October 1946, it was published in the Official Journal of the French Republic the next day.
The question of the effective date of the constitution is debated. Following Georges Vedel, some authors, such as Louis Favoreu, maintain that the constitution "became effective in stages". Other authors, sticking to the letter of Article 98, paragraph 2 of the constitution, consider that its effective date was deferred until 24 December 1946, date of the first meeting of the Council of the Republic.
In the first instance, the constitution is that of the French Republic as the unitary state comprising the overseas departments and the overseas territories, known collectively as the DOM-TOM. But at the same time it is also that of the French Union, composed of the French Republic, the territories that it administered as agent of the League of Nations, and protectorates. The New Hebrides (present-day Vanuatu) was outside the Union.
The constitution established a rationalized parliamentary system through mechanisms of reciprocal control between the executive and legislative branches.
The constitution was revised once, by the law of 7 December 1954.
The constitution was repealed by the French constitution of 4 October 1958, with the exception of its preamble, recognized as still in force by Decision 71-44 DC of the Constitutional Council in 1971.