Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I." / Volume 10, Slice 8

by Various

The French Republic is essentially a parliamentary republic. The right of dissolving the Chamber of Deputies before the expiration of its term of office belongs to the president, but in order to do so he must have, besides a ministry which will take the responsibility for it, the preliminary sanction of the Senate. The Senate is at the same time a high court of justice, which can judge the president of the Republic and ministers accused of crimes committed by them in the exercise of their functions; in these two cases the prosecution is instituted by the Chamber of Deputies. The Senate can also be called upon to judge any person accused of an attempt upon the safety of the state, who is then seized by a decree of the president of the Republic, drawn up in the council of ministers. Possible revision of the constitution is provided for very simply: it has to be proposed as a law, and for its acceptance a resolution passed by each chamber separately, by an absolute majority, is necessary. The revision is then carried out by the Senate and the Chamber of Deputies to form a National Assembly. There have been two revisions since 1875. The first time, in 1879, it was simply a question of transferring the seat of the government and of the chambers back to Paris from Versailles, where it had been fixed by one of the constitutional laws. The second time, in 1884, more fundamental modifications were required. The most important point was to change the composition and election of the Senate. With a view to this, the new constitutional law of the 14th of August 1884 abolished the constitutional character of a certain number of articles of the law of the 24th of February 1875, thus making it possible to modify them by an ordinary law. This took place in the same year; the 75 senators for life were suppressed for the future by a process of extinction, and their seats divided among the most populous departments. Further, in the electoral college which elects the senators, there was allotted to the municipal councils a number of delegates proportionate to the number of members of the councils, which depends on the importance of the commune. The law of the 14th of August 1884 also modified the constitution in another important respect. The law of the 25th of February 1875 had admitted the possibility not only of a partial, but even of a total revision, which could affect and even change the form of the state. The law of the 14th of August 1884, however, declared that no proposition for a revision could be accepted which aimed at changing the republican form of government. The composition of the Chamber of Deputies was not fixed by the constitution, and consequently admitted more easily of variation. Since 1871 the mode of election has oscillated between the scrutin de liste for the departments and the scrutin uninominal for the arrondissements. The organic law of the 30th of November 1875 had established the latter system; in 1885 the scrutin de liste was established by law, but in 1889 the scrutin d’arrondissement was restored; and in this same year, on account of the ambitions of General Boulanger and the suggestion which was made for a sort of plebiscite in his favour, was passed the law on plural candidatures, which forbids anyone to become a candidate for the Chamber of Deputies in more than one district at a time.

The system established by the constitution of 1875 has worked excellently in some of its departments; for instance, the mode of electing the president of the Republic. Between 1875 and 1906 there were seven elections, sometimes under Working of the constitution. tragic or very difficult conditions; the election has always taken place without delay or obstruction, and the choice has been of the best. The high court of justice, which has twice been called into requisition, in 1889 and in 1899-1900, has acted as an efficient check, in spite of the difficulties confronting such a tribunal when feeling runs high. Parliamentary government in the form set up by the constitution, besides the criticism to which this system is open in all countries where it is established, even in England, met with special difficulties in France. In the first place, the useful but rather secondary rôle assigned to the president of the Republic has by no means satisfied all those who have occupied this high office. Two presidents have resigned on the ground that their powers were insufficient. Another, even after re-election, had to withdraw in face of the opposition of the two chambers, being no longer able to obtain a parliamentary ministry. It is difficult, however, to accept the theory of an eminent American political writer, Mr John W. Burgess,[1] that in order to attain to a position of stable equilibrium, the French Republic ought to adopt the presidential system of the United States. In France this sharp division between the two powers has never been observed except in those periods when the representative assemblies were powerless, under the First and Second Empires. It is true that the apparent multiplicity of parties and their lack of discipline, together with the French procedure of interpellations and the orders of the day by which they are concluded, make the formation of homogeneous and lasting cabinets difficult; but since the end of the 19th century there has been great progress in this respect. Another difficulty arose in 1896. The Senate, appealing to the letter of the constitution and relying on its elective character, claimed the right of forcing a ministry to resign by its vote, in the same way as the Chamber of Deputies. The Senate was victorious in the struggle, and forced the ministry presided over by M. Léon Bourgeois to resign; but the precedent is not decisive, for in order to gain its ends the Senate had recourse to the means of refusing to sanction the taxes, declining to consider the proposals for the supplies necessary for the Madagascar expedition so long as the ministry which it was attacking was in existence. The weakest point in the French parliamentary organism is perhaps the right of dissolution. It is difficult of application, for the reason that the president must obtain the preliminary consent of the Senate before exercising it; moreover, this valuable right has been discredited by its abuse by Marshal MacMahon in the campaign of the 16th of May 1877, on which occasion he exercised his right of dissolution against a chamber, the moderate but decidedly republican majority in which he was re-elected by the country.

The legislative reforms carried out under the Third Republic are very numerous. As to public law, it is only possible to mention here those of a really organic character, chief among which are those which safeguard and Reforms under the Third Republic. regulate the exercise of the liberties of the individual. The law of the 30th of June 1881, modified in 1901, established the right of holding meetings. Public meetings, whether for ordinary or electoral purposes, may be held without preliminary authorization; the law of 1881 prescribed a declaration made by a certain number of citizens enjoying full civil and political rights, which is now remitted. The only really restrictive provision is that which does not allow them to be held in the public highway, but only in an enclosed space. But this is made necessary by the customs of France. The law of the 21st of July 1881 on the press is one of the most liberal in the world. By it all offences committed by any kind of publication are submitted to a jury; the punishment for the mere expression of obnoxious opinions is abolished, the only punishment being for slander, libel, defamation, inciting to crime, and in certain cases the publication of false news. The law of the 1st of July 1901 established in France the right of forming associations. It recognizes the legality of all associations strictly so called, the objects of which are not contrary to law or to public order or morality. On condition of a simple declaration to the administrative authority, it grants them a civil status in a wide sense of the term. Religious congregations, on the contrary, which The religious congregations. are not authorized by a law, are forbidden by this law. This was not a new principle, but the traditional rule in France both before and after the Revolution, except that under certain governments authorization by decree had sufficed. As a matter of fact the unauthorized congregations had been tolerated for a long time, although on various occasions, and especially in 1881, their partial dissolution had been proclaimed by decrees. The law of 1901 dissolved them all, and made it an offence to belong to such a congregation. The members of unauthorized congregations, and later, in 1904, even those of the authorized congregations, were disqualified from teaching in any kind of establishment. The liberty of primary education was confirmed and reorganized by the law of the 30th of October 1886, which simply deprived the clergy of the privileges granted them by the law of 1850, though the latter remains in force with regard to the liberty of secondary education. A law passed by the National Assembly (July 12, 1875) established the liberty of higher education. It even went Education. beyond this, for it granted to students in private facultés who aspired to state degrees the right of being examined before a board composed partly of private and partly of state professors. The law of the 18th of March 1880 abolished this privilege. Another law, that of the 22nd of March 1882, made primary education obligatory, though allowing parents to send their children either to private schools or to those of the state; the law of the 16th of June 1881 established secular (laïque) education in the case of the latter. The Third Republic also organized secondary education for girls in lycées or special colleges (collèges de fille). Finally, a law of the 10th of July 1896 dealing with higher education and the faculties of the state reorganized the universities, which form distinct bodies, enjoying a fairly wide autonomy. A law of the 19th of December 1905, abrogating that of the 18th Germinal in the year X., which Separation of church and state. had sanctioned the Concordat, proclaimed the separation of the church from the state. It is based on the principle of the secular state (état laïque) which recognizes no form of religion, though respecting the right of every citizen to worship according to his beliefs, and it aimed at organizing associations of citizens, the object of which was to collect the funds and acquire the property necessary for the maintenance of worship, under the form of associations cultuelles, differing in certain respects from the associations sanctioned by the law of the 1st of July 1901, but having a wider scope. It also handed over to these regularly formed associations the property of the ecclesiastical establishments formerly in existence, while taking precautions to ensure their proper application, and allowed the associations the free use of the churches and places of worship belonging to the state, the departments or the communes. If no association cultuelle was founded in a parish, the property of the former fabrique should devolve to the commune. But this law was condemned by the papacy, as contrary to the church hierarchy; and almost nowhere were associations cultuelles formed, except by Protestants and Jews, who complied with the law. After many incidents, but no church having been closed, a new law of the 2nd of January 1907 was enacted. It permits the public exercise of any cult, by means of ordinary associations regulated by the law of the 1st of July 1901, and even of public meetings summoned by individuals. Failing all associations, either cultuelles or others, churches, with their ornaments and furniture, are left to the disposition of the faithful and ministers, for the purpose of exercising the cult; and, on certain conditions, the long use of them can be granted as a free gift to ministers of the cult.

Among the organic laws concerning administrative affairs there are two of primary importance; that of the 10th of August 1871, on the conseils généraux, considerably increased the powers and independence of these elective bodies, Administrative changes. which have become important deliberative assemblies, their sessions being held in public. The law of 1871 created a new administrative organ for the departments, the commission départmentale, elected by the council-general of the department from among its own members and associated with the administration of the prefect. The other law is the municipal law of the 5th of April 1884, which effected a widespread decentralization; the maires and their adjoints are elected by the municipal council.

The war of 1870-71 necessarily led to a modification of the military organization. The law of the 25th of July 1872 established the principle of compulsory service for all, first in the standing army, the period of service in which was Reorganization of the army. fixed at five years, then in the reserve, and finally in the territorial army. But the application of this principle was by no means absolute, only holding good in time of war. Each annual class was divided into two parts, by means of drawing lots, and in time of peace one of these parts had only a year of service with the active army. The previous exemptions, based either on the position of supporter of the family (as in the case of the son of a widow or aged father, &c.) or on equivalent services rendered to the state (as in the case of young ecclesiastics or members of the teaching profession), were preserved, but only held good for service in the active army in times of peace. Finally, the system of conditional engagement for a year allowed young men, for the purposes of study or apprenticeship to their profession, only to serve a year with the active army in time of peace. By this means it was sought to combine the advantages of an army of veterans with those of a numerous and truly national army. But the conditional volunteering (volontariat conditionnel) for a year was open to too great a number of people, and so brought the system into discredit. As those who profited by it had to be clothed and maintained at their own expense, and the sum which they had to furnish for this purpose was generally fixed at 1500 francs, it came to be considered the privilege of those who could pay this sum. A new law of the 15th of July 1889 lessened the difference between the two terms which it attempted to reconcile. It reduced the term of service in the active army to three years, and the exemptions, which were still preserved, merely reduced the period to a year in times of peace. The same reduction was also granted to those who were really pursuing important scientific, technical or professional studies; the system was so strict on this point that the number of those who profited by those exemptions did not amount to 2000 in a year. This was a compromise between two opposing principles; the democratic principle of equality, being the stronger, was bound to triumph. The law of the 21st of March 1905 reduced the term of service in the active army to two years, but made it equal for all, admitting of no exemption, but only certain facilities as to the age at which it had to be accomplished.

In 1883 the judicial personnel was reorganized and reduced in number. With the exception of a few modifications the main Justice and taxation. lines of judicial organization remained the same. In 1879 the conseil d’état was also reorganized. The whole fabric of administrative jurisdiction was carefully organized, and almost entirely separated from the active administration.

The system of taxation has remained essentially unaltered; we may notice, however, the laws of 1897, 1898 and 1900, which abolished or lessened the duties on so called hygienic drinks (wine, beer, cider), and the financial law of 1901, which rearranged and increased the transfer fees, and established a system of progressive taxation in the case of succession dues.

The labour laws, which generally partook of the nature both of public and of private law, are a sign of our times. Under the Third Republic they have been numerous, the most notable being: the law of the 21st of March Labour legislation. 1884 on professional syndicates, which introduced the liberty of association in matters of this kind before it became part of the common law (see [Trade Unions]); the law of the 9th of April 1898 on the liability for accidents incurred during work, and those which have completed it; that of the 22nd of December 1892 on conciliation and arbitration in the case of collective disputes between employers and workmen; that of the 29th of June 1893 on the hygiene and safeguarding of workers in industrial establishments, and the laws which regulate the work of children and women in factories; finally, that of the 15th of July 1893 on free medical attendance (see [Labour Legislation]).

As to criminal law, there have been more than fifty enactments, mostly involving important modifications, due to more scientific ideas of punishment, so that we may say that it has been almost entirely recast since the establishment Criminal law. of the Third Republic. The separate system applied in cases of preventive detention and imprisonment for short periods; liberation before the expiry of the term of sentence, subject to the condition that no fresh offence shall be committed within a given time; transportation to the colonies of habitual offenders; the remission of the penalty in the case of first offenders, and the lapsing of the penalty when a certain time has gone by without a fresh condemnation; greater facilities for the rehabilitation of condemned persons, which now became simply a matter for the courts, and occurred as a matter of course at the end of a certain time; such were the chief results of this legislation. Finally, the law of the 8th of December 1897 completely altered the form of the preliminary examination before the juge d’instruction, which had been the weakest point in the French criminal procedure, though it was still held in private; the new law made this examination really a hearing of both sides, and made the appearance of counsel for the defence practically compulsory.