Global InformationFrench Constitution of 27 October 1946 information
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| Constitution of the French Republic[1] | |
|---|---|
 Facsimile of the 1946 Constitution | |
| Overview | |
| Jurisdiction | Provisional Government, Fourth Republic |
| Created | 29 September 1946[2] |
| Presented | 28 October 1946[3] |
| Date effective | 24 December 1946[4][5][6] |
| 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| Repealed | 4 October 1958 |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 [fr] |
| Supersedes | Constitutional Law of 2 November 1945 [fr] |
| Full text | |
 French Constitution of 1946 at Wikisource | |
The Constitution of the French Republic of 27 October 1946[1][a] was the constitution of the French Fourth Republic.
Adopted by the Constituent Assembly of 1946 [fr] on 29 September 1946,[7][b][c] and promulgated by Georges Bidault, president of the Provisional Government of the French Republic, on 27 October 1946,[3] it was published in the Official Journal of the French Republic the next day.[1]
The question of the effective date of the constitution is debated. Following Georges Vedel,[citation needed] some authors, such as Louis Favoreu,[8] maintain that the constitution "became effective in stages".[9][d] 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,[4][5][6] date of the first meeting of the Council of the Republic.[9]
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,[10] 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.[e]
The constitution established a rationalized parliamentary system [fr][f] through mechanisms of reciprocal control between the executive and legislative branches.
The constitution was revised once, by the law of 7 December 1954.[2]
The constitution was repealed [fr] by the French constitution of 4 October 1958, with the exception of its preamble [fr], recognized as still in force by Decision 71-44 DC of the Constitutional Council in 1971.[11]
- ^ a b c JORF 1946.
- ^ a b Hamon & Troper 2017, 427.
- ^ a b JORF 1946, p. 9175.
- ^ a b Cartier 2005, p. 565.
- ^ a b Miclo 1982, p. 182.
- ^ a b Sander 2017, p. 281.
- ^ a b c d Hamon & Troper 2017, 426.
- ^ Favoreu 1996, p. 235.
- ^ a b Roux 2002, p. 1759.
- ^ Martin-Pannetier 1981, p. 70.
- ^ Legifrance, Const. Council dec. 71-44 DC of 16 July 1971.
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