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The current Constitution of France was adopted on was frozen to its 1998 level for territorial elections. The constitution is typically called the Constitution of the Fifth Republic , and replaced that of the Fourth Republic dating from October 27 , 1946 . Charles De Gaulle was its main instigator; the constitution was drafted by Michel Debré . SUMMARY The preamble of the constitution recalls the '' Declaration Of The Rights Of Man And Of The Citizen '' from 1789 and establishes France as a Secular and Democratic Republic , deriving its Sovereignty from the people. It provides for the election of the President and the Parliament , the selection of the Government , and the powers of each and the relations between them. It ensures judicial authority and creates a High Court of Justice, a Constitutional Council, and an Economic and Social Council. It was designed to create a politically strong President. It enables the ratification of international treaties and those associated with the European Union . It is unclear whether the wording (especially the reserves of reciprocity) is compatible with European Union Law . The Constitution also sets out methods for its own amendment either by , then must be either adopted by a simple majority in a referendum, or by 3/5 of a joint session of both houses of Parliament (the French Congress ) (article 89). However, president Charles de Gaulle bypassed the legislative procedure in 1962 and directly sent a constitutional amendment to a referendum (article 11), which was adopted. This was highly controversial at the time; however, the Constitutional Council ruled that since a referendum expressed the will of the sovereign people, the amendment was adopted. IMPACT WITH RESPECT TO PERSONAL FREEDOMS Prior to 1971, though executive, administrative and judicial decisions had to comply with the general principles of law ( Jurisprudence derived from law and the practice of law in general), there were no such restrictions on legislation. It was assumed that unelected judges and other appointees should not be able to overrule laws voted by the directly elected French parliament. In 1971, a landmark decision by the as a reason for rejecting a law that, according to the Council, violated one of these principles. Since then, it is assumed that the "constitutional block" includes not only the Constitution, but also the other texts referenced in its preamble: the Declaration, but also the preamble of the 1946 Constitution (which adds a number of "social rights", as well as the equality of males and females) and the Environment Charter of 2004. Since then, the possibility of sending laws before the Council has been extended. In practice, the political opposition sends all controversial laws before it. PAST CONSTITUTIONS France has had numerous past constitutions.
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