AXIOMS

1) Procedure is protection against power

For constitutional government, need to define power of various actors

2) Procedure is Power

Not part of constitutions but is basic idea Duverger’s law: “brutal finality” of majority vote; majority voteis conducive to a multiparty system

French party system: parties politically weak due to two ballot system

Presidential elections, 2007: 1st ballot selects first top two vote-getters who compete in second round

Parliamentary elections are also two ballot

See Elections of May 1968: made voters vote Right  sounding endorsement of the Right (fear of revolution and leftist uprising)

1956 election: instability of government, 15 government formed during the ‘50s

- Left-leaning electorate; Washington fearful

- Left never allowed to govern because of US prohibiton

- Both France and Italy had about 25 – 30% of voters voting for Communists

- Instability of government through these years was due because of largest supported party was banned from governing; communists dominant in national assembly but never head of government

1958 presidential election: mandate for president who came in to power on extra-constitutional basis ( coup d’etat by de Gaulle)

France elects the president w/ 2 party system ( 2 rounds of election)

Duverger’s law works in framework that is sociologically determined

Compulsion to coalition building b/c of 2 bloc system

Declining blue collar workers in France (industrial labor)

Sociological changes of French class system into overwhelmingly white collar, less industrial

p 264 in Rep. Govn’t

Cleavage: social division that separates people by social characteristics (religion, ethnicity, language, etc.)

Welsh nationalist party, Ulster Protestant party mobilizing on religion

Also has to be a conscious cleavage (needs to matter to voting pop’s conception of what interests are) also expressed in organization terms; politically significant; political elite wanting to mobilize

Cleavages:

Religion has “gone underground”

Nationalist Front transformed themselves against migration to add to nationalist/monarchists agenda and has been very significant to French ideas

Conception of working class was important for French identity

Class is matter of consciousness – French would mainly describe themselves as working class even though they may not be such

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French political life has been dominated by central-right for post-war period due to leftist divisions

Anti-immigrant sentiments have put up far right

Sarkozy is a reformer; wants to reinvigorate French civilization but will not use terms of neoliberalization

P 209 in rep. government ; legislative elections since 1988

Wikipedia.org:

Parties affected by political events like war, communists, loyalties

Historical events leave imprint on party system and important way elites choose ideals and compete against each other ; use “ code words” to refer to previous experiences

Communists

10% of voters think communism hasn’t be discredited

Anti-capitalist rhetoric found in anti-globalization campaigns

Thursday, January 31, 2008

Grand ecoles (ENA)

-people who graduate from there are enacs who are absolute elite of French politics

-recruitment patterns are very distinct from the US

-in UK, if you want to try and get ahead, you would sign up with party that is in ascendancy (not smaller one) and people work there way up within the party  parties are vehicle of recruitment in public office; wont find many people from Oxford or Cambridge but from working classes

-6000 graduates from ENA are old-boy network who don’t just go into public office as ministers but become hired by main corporation

-Circular system in France

-Civil servants hired by corporations but not much of a shift???? Corporations part of public system

-Make the shift laterally from private to public to find own needs

-Many prime ministers first become Mayor of Paris

Big Scandals: civil servants who benefit from privatization  not getting money yourself but favoring one corporation over another: Chirac misused public influence

Can’t be brought to court if you currently hold office

Catholic country that likes to say it keeps politics and religion apart

The National Assembly

-voters have had right to vote for NA since 1787

-government is based on NA and on a majority in NA

-France is bicameral legislature with “Senat” besides NA that is indirectly elected

-Executive branch consists of civil service (=Paris) that has historically appointed prefects (local government) who appoint Senat

-Government is boss over civil servants but government come and go; and civil service from ENA

-Historically, French voters have had only one avenue for influence (voting to NA)

1983

-Voters got a chance to vote for local governments

-Local government create electoral college of 150,000 delegates that elects Senat

-Gradually, bicameral legislature has been modified and democratized by law in 1983 and following elections

1962

-French voters had first time to directly elect president

-Superimposeelection of president on essentially parliamentary system

-Directly elected president and government out of NA; two-headed government

-If govn’t has to be supported by 289/577 members o fNA

PROBLEMS

-design flaw  constitution wasn’t written as a blue print but amended in gradual way, leading to a mess

-Today, PM appointed by President but also needs majority in NA

-Potential for president and PM to be from different parties (divided government)

-Intention of French constitution was to avoid checks and balances and avoid unstable government

-System worked well when President assumed all legislative powers until MItterand (around 1986), a socialist, who was apposed by parliament that wasn’t controlled by own party

-Cohabitation – unnatural marriage – refers to divided government

  • In recent years, has become common thing
  • Unintentionally takes place – voters change mind
  • Political party systems have been less stable  volatility creates emergence of form of checks and balance that Europeans are not accustomed to
  • One idea was to shorten presidential term from seven to five years so that chances of pres and parliament belonging to different parties would decrease  right now, working for Sarkozy, he is being very dictatorial with PM since he was riding significant wave of support
  • Chances are, cohabitation might reemerge
  • Parliament has put together coalition to maintain government

Two chambers

-assymeticral bicameralism

  • NA are known as deputees elected in single member constituencies, placed there by political parties and elected for 5 year terms
  • Deputies have little support, small offices
  • Elected through two ballot system and if someone gets elected over 50% majority with first ballot, second ballot cancelled
  • In parliamentary elections, first ballot much more like primary and each party puts up one person
  • Second ballot – anyone over 12% advances  two ballot plurality system????
  • No minority representatives in NA

-Chirac was last president to dissolve national

-NA is dominant insutition  where legislation can start ( it has right of initiation)

-Senat has limited powers but is becoming increasingly important since Senat is no longer just prefects

-Accumulation of offices – prefects used to appoint themselves to Senat

-Now, senat more professional and take work more seriously –> pulls out

-Two senators who are muslim  could not bring up any relgious issues

-Senat can’t be dissolved; serve 6 years and look like regularly representative

-if two houses disagree , reconciliation committee

-consistent disagreement, NA has upper hand

NA can draw up bills

PM formally responsible for drawing up bills

But President writes bills and PM responsible for shepharding them through NA

LAWS AND COURTS

-regular legislation

-Decrees and ordinances

-President was stopped from making administrative law-making??? by constitutional council (counse d’etat) which can’t undo a bill

-Courts role is very different from America but now, counse detat started to model itself on other courts and taliking to legislature and presidency

-Review: any doubts in constitutionality, has to go by council prior to enactment; only in grave circumstances can they undo a bill that has already been enacted

-Counse detat carries moral influence and extended use of law-making by Mitterand caused court to assert itself

-Banning of head scarves

  • Accepted by constitutional council
  • According to its reading, council did not see that wearing religious symbols , law was only for ostentatious wearings
  • Council at first said it was okay to wear k
  • Government overruled since Chirac thought it would help for far-right voters