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A study of the present Constitution of the Fifth Republic France demands a brief study of the history of constitutional development, particularly after the French Revolution of 1789.
The Constitution has in fact inherited a lot from the past constitutions in general and from the constitutions of the Third and the Fourth Republics in particular. In a way, France holds a world record in the field of constitution-making.
Since 1789, she has been changing her constitution after about every 12 years. Between 1789-1858, France had 16 constitutions, one of which, ‘Acte Additionnel’ (1835), could remain in force for only 21 days.
The Constitutions of the Third and the Fourth Republics did remain in operation for a number of years, but their working was always found to be unsatisfactory.
The Constitution of the Third Republic continued for 65 years, but the multi-party system kept every government established under it in a state of continuous flux. The Constitution of the Fifth Republic, however, has been working quite successfully for the last about six decades and it seems that the French are going to keep it working.
The Constitution of the Fifth Republic was framed under the guidance of its chief patron, General de Gaulle as well as in the light of the past constitutional experience. As such, for a proper analysis and understanding of the Constitution of the Fifth Republic, study of constitution-making in France is imperative.
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