UNDER De Gaulle’s new constitution, the President, who under the Fourth Republic was largely a figurehead, becomes in the Fifth the fountainhead of power.
De Gaulle will undoubtedly become that President in December (he has absolute emergency powers, without hindrance, as Premier in the meantime). The constitutional President will have the authority to appoint—and discharge—Premiers who “shall direct the operation of the government” and “ensure the execution of the laws.” The President will sign ordinances and decrees, negotiate and ratify treaties, control the appointments to civil and military posts. He is empowered to dissolve Parliament after “consultation” with, and without necessarily getting the consent of, the Premier. If the President decides that a national emergency exists, he may after consultations assume dictatorial powers by simple proclamation; at any time he can suppress political parties that he considers opposed to the “principles of national sovereignty and of democracy.” He is elected to his seven-year term not by direct vote of the nation, but by an electoral college that favors rural and conservative regional interests.
As the presidency gains in weight and power, Parliament sinks (thus making an increased Moslem representation in it of less importance). Parliament is permitted to meet only twice a year and then for only three months at a time. Parliament can pass laws, but only in certain circumscribed areas. No Deputy’s vote may be counted if he is absent, and if a Deputy accepts either a Cabinet post or a government position, he must withdraw from Parliament.
Much else that lies in the 8,000-word constitution of De Gaulle seems obscure and remains to be determined by “organic laws” yet to be written, but a powerful new nine-man Constitutional Council (three members each appointed by the President of the Senate, the President of the Assembly and the President) will have much the same power as the U.S. Supreme Court to determine the legality of laws and acts.
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