On Constitutional Amendment Adopted by Referendum

62-20 DC of 6 Nov. 1962 (1962)

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On Constitutional Amendment Adopted by Referendum

France Constitutional Council
62-20 DC of 6 Nov. 1962 (1962)

KS

Facts

In 1962, French President Charles de Gaulle sought to change the French constitution’s method of appointing the president of the republic. de Gaulle intended to replace the president’s indirect election with the president’s election by direct popular vote. Initially, de Gaulle sought to institute this electoral amendment of the French constitution through a two-part process found in Article 89 of the French constitution. The Article 89 process required, as an initial step, that both houses of parliament pass the bill. At that time, the French parliament faced numerous problems that would impede the success of de Gaulle’s bill to amend the constitution. de Gaulle then arranged for the amendment to be approved under Article 11 of the French constitution. Article 11 allowed the French electorate to vote on referendums related to the organization of public authorities. Although many members of parliament protested de Gaulle’s use of the Article 11 process, the referendum for the direct popular election of the president occurred, and French voters approved the amendment. After the success of the referendum, President of the Senate Gaston Monnerville (plaintiff) referred the referendum to the Constitutional Council (the council) as unconstitutional.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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