Page:EB1911 - Volume 10.djvu/811

 Government and Administration.

Central Government.—The principles upon which the French constitution is based are representative government (by two chambers), manhood suffrage, responsibility of ministers and irresponsibility of the head of the state. Alterations or modifications of the constitution can only be effected by the National Assembly, consisting of both chambers sitting together ad hoc. The legislative power resides in these two chambers—the Senate and the Chamber of Deputies; the executive is vested in the president of the republic and the ministers. The members of both chambers owe their election to universal suffrage; but the Senate is not elected directly by the people and the Chamber of Deputies is.

The Chamber of Deputies, consisting of 584 members, is elected by the scrutin d’arrondissement (each elector voting for one deputy) for a term of four years, the conditions of election being as follows: Each arrondissement sends one deputy if its population does not exceed 100,000, and an additional deputy for every additional 100,000 inhabitants or fraction of that number. Every citizen of twenty-one years of age, unless subject to some legal disability, such as actual engagement in military service, bankruptcy or condemnation to certain punishments, has a vote, provided that he can prove a residence of six months’ duration in any one town or commune. A deputy must be a French citizen, not under twenty-five years old. Each candidate must make, at least five days before the elections, a declaration setting forth in what constituency he intends to stand. He may only stand for one, and all votes given for him in any other than that specified in the declaration are void. To secure election a candidate must at the first voting poll an absolute majority and a number of votes equal to one-fourth of the number of electors. If a second poll is necessary a relative majority is sufficient.

The Senate (see below, Law and Institutions) is composed of 300 members who must be French citizens at least forty years of age. They are elected by the “scrutin de liste” for a period of nine years, and one-third of the body retires every three years. The department which is to elect a senator when a vacancy occurs is settled by lot.

Both senators and deputies receive a salary of £600 per annum. No member of a family that has reigned in France is eligible for either chamber.

Bills may be proposed either by ministers (in the name of the president of the republic), or by private members, and may be initiated in either chamber, but money-bills must be submitted in the first place to the Chamber of Deputies. Every bill is first examined by a committee, a member of which is chosen to “report” on it to the chamber, after which it must go through two readings (délibérations), before it is presented to the other chamber. Either house may pass a vote of no confidence in the government, and in practice the government resigns in face of the passing of such a vote by the deputies, but not if it is passed by the Senate only. The chambers usually assemble in January each year, and the ordinary session lasts not less than five months; usually it continues till July. There is an extraordinary session from October till Christmas.

The president (see below, Law and Institutions) is elected for seven years, by a majority of votes, by the Senate and Chamber of Deputies sitting together as the National Assembly. Any French citizen may be chosen president, no fixed age being required. The only exception to this rule is that no member of a royal family which has once reigned in France can be elected. The president receives 1,200,000 francs (£48,000) a year, half as salary, half for travelling expenses and the charges incumbent upon the official representative of the country. Both the chambers are summoned by the president, who has the power of dissolving the Chamber of Deputies with the assent of the Senate. When a change of Government occurs the president chooses a prominent parliamentarian as premier and president of the council. This personage, who himself holds a portfolio, nominates the other ministers, his choice being subject to the ratification of the chief of the state. The ministerial council (conseil des ministres) is presided over by the president of the republic; less formal meetings (conseils de cabinet) under the presidency of the premier, or even of some other minister, are also held.

The ministers, whether members of parliament or not, have the right to sit in both chambers and can address the house whenever they choose, though a minister may only vote in the chamber of which he happens to be a member. There are twelve ministries comprising those of justice; finance; war; the interior; marine; colonies; public instruction and fine arts; foreign affairs; commerce and industry; agriculture; public works; and labour and public thrift. Individual ministers are responsible for all acts done in connexion with their own departments, and the body of ministers collectively is responsible for the general policy of the government.

The council of state (conseil d’état) is the principal council of the head of the state and his ministers, who consult it on various legislative problems, more particularly on questions of administration. It is divided for despatch of business into four sections, each of which corresponds to a group of two or three ministerial departments, and is composed of (1) 32 councillors “en service ordinaire” (comprising a vice-president and sectional presidents), and 19 councillors “en service extraordinaire,” i.e. government officials who are deputed to watch the interests of the ministerial departments to which they belong, and in matters not concerned with those departments have a merely consultative position; (2) 32 maîtres des requêtes; (3) 40 auditors.

The presidency of the council of state belongs ex officio to the minister of justice.

The theory of “droit administratif” lays down the principle that an agent of the government cannot be prosecuted or sued for acts relating to his administrative functions before the ordinary tribunals. Consequently there is a special system of administrative jurisdiction for the trial of “le contentieux administratif” or disputes in which the administration is concerned. The council of state is the highest administrative tribunal, and includes a special “Section du contentieux” to deal with judicial work of this nature.

Local Government.—France is divided into 86 administrative departments (including Corsica) or 87 if the Territory of Belfort, a remnant of the Haut Rhin department, be included. These departments are subdivided into 362 arrondissements, 2911 cantons and 36,222 communes.