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Comparaison entre la constitution américaine et celle française

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Par   •  9 Novembre 2013  •  Analyse sectorielle  •  923 Mots (4 Pages)  •  1 628 Vues

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COPIE RAJOUTS CLAUDIA pour MELANIE

IInd Part : comparison between the american constitution and the french constitution

the american constitution starts with a short preamble, it has 7 articles and 27 amendments.

the french constitution however, has a longer preamble. It contains 89 articles and is completed by the declaration of human rights (which is the french equivalent of the american Bill of Rights ) , the environmental charter and the preamble of the 1946 constitution.

The first major difference between the french system and the american system, it that since 1787, the USA have had the same constitution, whereas France has had 16 different constitutions since 1789. France with theese 16 different constitution experimented different types of political regimes. Maybe it was an easier way to adjust to changes over the years, while the united stated had to adjust the same constitution to all changes throughought time. We could question ourselves to the why of this desire to keep an unique constitution and not adopt hundred others as the french did ? Speculations could make us think that the fathers had this deep desire to maintain order and as commonely accepted change ( in case the gouvernement in place is not abusif) induces chaos.

It is also important to point out the idea that the united states constitution is rather a document reflect the need for evolution and not so much like the french first constitution to rebel. -> Because, it is the english system that had the more impact on the system chosen by the united stated.( in this we can see the evolution and not the revolution).

the longevity of the american constitution can be explained by the fact that it is a very flexible (supple) constitution. It leaves room for change, and allows american judges, especially judges of the supreme court, to freely interpret the law. Indeed, precedent is binding in the USA, it is a source of law.

The 7 articles of the american constitution deal with the organisation of powers within the USA.

The first three articles establish the notion of separation of powers. The first having to do with the legislative branch, the second with the executive branch and the third with the judiciary.

The interesting thing is that contrary to usual in a presidential regime, the legislative comes before the executive. In the french system it is the contrary, although our constitution establishes more of a parliamentary regime. French system has a semi-presidential regime while american have as said a presidential regimes. From a distance we could say that the two regimes are quite a like but looking closely there are many differences. For instance in French system the president is looked upon as the key element, the figure existing to be placed in the middle of the three branches and to watch carefully the use that theese branches make of their powers( QUELQU UN PEUT IL TRADUIRE ARBITRE ? ESTHEE ?). The united states, have a regime that puts the president as chief of gouvernement while in France the President has to co-exist with the Prime Minister chief of the gouvernement. In our regime, we can have what’s called cohabitation meanning that the president and the prime minister come from opposing parties. In this case, powers

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