Prancūzijos V Respublikos valdymo modelis – mišrios (pusiau prezidentinės) respublikos etalonas
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This article investigates the traits of the French 5th constitutional system and reviews the essential aspects of the 1958 French Constitution as well as reveals the impact of the recent amendments to the Constitution (2008) to the situation of the constitutional regulation. A lot of attention is paid to interdependent relations between the governing institutions of the Republic of France that play a major role in determining the model of state government. The main aspects of a semi-presidential model of a republic are revealed. In legal literature, the current French Constitution is referred to as the 5th Constitution of the Republic of France. It has been enacted by national referendum in 1958. It is a seventeenth Constitution since 1789 that has established a twenty second political regime. At first the Constitution consisted of three documents: the 1958 French Constitution, the 1789 Declaration of the Rights of Man and of the Citizen and the Preamble to the 1946 French Constitution. The Constitutional law of 1 March 2005 added yet another legal document, i.e. the Charter of the Environmental Protection. The 5th Republic of France is considered as frame of reference for a mixed (semipresidential) republic. The sequence of the chapters of the Constitution reveal the importance of the relevant governmental institutions within the Constitutional model of the Republic of France. This is a characteristic feature of the French Constitution, where priority is given to various provisions relating the President followed by the authority of Government and the legal position of the Parliament. The executive power has a dominant role in the overall system of government, which is yet another feature of this Constitution. Some of the more important powers vested into the Government are legislative initiative and delegated legislature which is exercised through enactment of ordinances with a legal power equivalent to acts of law. This provision of the Constitution demonstrates a rather strong power of the executive within the system of the governmental institutions. The Constitution has been subject to multiple changes during the period of the 5th Republic of France. The recent changes were adopted in 2008. Irrespective of these changes, the principal features of the Constitution such as the principles of democracy, governmental model of institutions, have not been subject to radical changes. Yet, in general, one can observe the relative growth in importance of the Parliament and the Government as collective body of government. The French Constitution is also particular in other respects. For instance, it contains an institute for organic laws, features of human rights catalogue, the Constitutional Council with a power of constitutional supervision, etc.
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