French Constitution of 27 October 1946

Constitution of the French Republic[1]
Facsimile of the 1946 Constitution
Overview
JurisdictionProvisional Government, Fourth Republic
Created29 September 1946[2]
Presented28 October 1946[3]
Date effective24 December 1946[4][5][6]
SystemParliamentary
Government structure
BranchesParliament, Executive
Chambers2: National Assembly
Council of the Republic
Executivedual: President of the Republic
President of the Council
History
Repealed4 October 1958
Amendments2
Last amendedConstitutional Law of 3 June 1958
SupersedesConstitutional Law of 2 November 1945
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 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[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The constitution was repealed by the French constitution of 4 October 1958, with the exception of its preamble, recognized as still in force by Decision 71-44 DC of the Constitutional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.[11]


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