France Government

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William Steven Noell

Dr. Horan

PLS 230 001

11 June 2010

France: Government and the Politics of Religion

Government and politics in postmodern France, officially the French Republic (CIA),

begins in 1958 with the adoption of its current constitution, termed the Fifth Republic. Though

the constitution is contemporary and was amended in 2005 to provide compliance with European

Union membership requirements, it is also reflective of France's republican history. The

preamble to the constitution contains the Declaration of the Rights of Man and the Citizen,

drafted in 1789 following the French Revolution (Knapp 14). The constitution combines "two

models of democratic government, the presidential and the parliamentary" (Schain 201). This

combination is comprised of executive, legislative, and judicial branches.

The executive branch of the French government is represented by two individuals: the

president and the prime minister. The president is popularly elected and serves a five year term

as the "visible head of state" (205). The president, "as the head of state controls foreign

policy and defense, and appoints a prime minister with the approval of the parliament" (France's

Political Structure). As part of his foreign policy responsibility, as stated in Article 52 of the

constitution, "the President of the Republic negotiates and ratifies treaties" (Bell 26). With

relation to domestic issues, however, the office of the presidency is limited in its ability to

govern. While most of the internal governance of France falls to the prime minister and

parliament, the president does have two ways to appeal to the people (Schain 205). Under the

condition that the government agrees, the president may "submit certain important legislation to


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the electorate as a referendum" (205). In 2005, the president presented as referendum the choice

to adopt the European constitution and thereby enter into the European Union. In addition to

presenting referendums, the president may also, "after consulting with the prime minister and the

parliamentary leaders dissolve parliament and call for new elections" (205). The prime

minister is appointed by the president with the consent of the popularly elected parliament. The

prime minister is the chief administrator of civil affairs, focusing on domestic policy and guiding

legislation.

The legislative branch of the French government is bicameral in nature, and is comprised

of the National Assembly and Senate. The 557 member National Assembly is popularly elected

for terms of five years by an electorate comprised of all citizens age eighteen or over (Schain

206). The Senate is comprise of 331 members who are "elected indirectly from department

constituencies for a term of six years" (208). Those indirect elections take place from an

electoral college made up of about 150,000 delegates who have been popularly elected to either

local office, municipal and regional, or departmental (208).

The judiciary branch of the French government is the Constitutional Council. The

Constitutional Council is a new governmental entity in France as of the Fifth Republic.

Members are selected by the president of the Republic, and the presidents of both the National

Assembly and the Senate, each appointing three members. No judicial background is required of

the members and appointments may be solely political (66). The Council "was created with the

initial purpose of ensuring that parliament did not overstep" the legislative boundaries placed on

it by the Fifth Republic (Knapp 54). The Council has the authority not only to overturn laws

found to violate the French constitution, but also to strike down laws "before they are

promulgated" (63).


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France, as a nation and as a republic, has a history of adherence to the concept of a

secular society, one in which government and religion are purposefully separate. This concept is

known as lacit (BBC). Lacit is more than a government policy against its endorsing a

particular religion, but "sanctionsprivate actors for pursuing their faith out of doors" (Tebbe).

The nature of lacit in France, however, is fraught with possible contradiction. While

sanctioning some for pursuing a particular faith, the French government does give some support

to religious institutions. The involvement of the French government is best summed up by John

Bowen, as described by Dr. Nelson Tebbe,

the state owns and maintains churches that were built before 1905; it officially

registers and recognizes religious organizations, which are then exempt from

many taxes and eligible for other benefits; it runs chaplains offices and trains

clergy to serve in hospitals, schools, and prisons; it funds religious broadcasts on

state television; and it even subsidizes religious schools that meet certain minimal

conditions. (18, 27-28) And recently officials have also supported Islam in

various ways, including by indirectly funding the construction of mosques (39-

43), by effectively owning and maintaining Muslim cemeteries (43-48), and by

creating an official Muslim council (48-62).

Recently, lacit has come under scrutiny. In 2004, the French Parliament passed

legislation that banned the wearing of ostentatious "religious symbols in primary or secondary

schools" (Schain 211). Though the wording of the legislation was broad and encompassed a ban

on symbols from all religions including Judaism and Christianity, the intent of the law was seen

by many as an attempt to prevent Muslim women from wearing traditional head coverings in


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public. The banned head coverings in the schools include both the full-body covering burqa as

well as the simple headscarf or hijab.

As the debate over the wearing of burqas continues, it has transformed from a discussion

about the appropriate place of religion in society to a discussion about human rights. In July

2009, French President Nicolas Sarkozy called the burqa "a sign of subservience, a sign of

debasement" (NPR). In a news story by Agence France-Presse in January of 2010, French

Prime Minister Francois Fillon urged Parliament to take measures to ban the wearing of the

burqa in all public places, stating "the goal is to ensure that the burqa does not have a place in

France" (France24).

The question is a multi-faceted one. The freedom to wear particular clothing for religious

beliefs versus free practice within the state, the protection of human rights for those who may be

forced into wearing it as a sign of, as the president said, subservience, these are the debates

happening currently in France. The executive branch, lead by Sarkozy and Fillon, is urging the

legislative branch to enact laws. Whether or not those laws will abide with the Fifth Republic

will be determined by the judiciary.


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Works Cited

"BBC - h2g2 - French Secularism - Laicite." BBC- Homepage. N.p., n.d. Web. 3 Feb. 2010.

Bell, David S..Presidential Power in Fifth Republic France. Paris: Berg Publishers, 2000. Print.

"CIA - The World Factbook -- France." CIA - The World Factbook. N.p., n.d. Web. 3 Feb. 2010.

"NPR: Debating The Burqa: Sarkozy Proposes Ban : NPR."NPR : National Public Radio : News

& Analysis, World, US, Music & Arts : NPR. N.p., n.d. Web. 3 Feb. 2010.

"France's Political Structure ."French government tourist office travel to France . N.p., n.d. Web.

3 Feb. 2010.

"France24 - Prime minister in favour of banning the burqa."France24 - TOP STORIE

S - the

latest news from around the world - read about the events that make international

headlines.

Knapp, Andrew. The Government and Politics of France. 5 ed. New York: Routledge, 2006.

Print.

Schain, Martin. "Politics in France." Comparative Politics Today: A World View. Update ed:

United States ed of 9th revised ed ed. Edinburgh: Longman Inc, 2009. 201-247. Print

Tebbe, Nelson. "Understanding Lacit."Journal of Law & Religion. N.p., n.d. Web. 3 Feb.

2010.

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