France 101

While sharing a common origin with the United States in the revolutionary fervor of the late 18th century, France's journey has been marked by a series of dramatic shifts in governance, leading to the establishment of the Fifth Republic in 1958. This current iteration, characterized by a strong presidency and a codified legal system, is radically different than the United States.

Unlike the federal structure of the US, France functions as a unitary state. This means the central government, embodied in the National Assembly and the Senate, holds the sole authority to legislate. Regional councils exist, but they lack the power to create laws specific to their regions.

Executive power

France stands out with its semi-presidential system, featuring both a President and a Prime Minister. This structure, while shared with a few other nations like Russia and Ukraine, is uncommon in Western Europe.

• President: The French president, elected for a five-year term with a two-term limit, holds significant power. They appoint the prime minister, dissolve the National Assembly, and wield considerable influence over the Government's direction. Some critics argue that the extensive powers vested in the presidency make it akin to a "presidential monarchy."
• Prime Minister: The prime minister, typically aligned with the President's party, heads the government and acts as the executive, similar to the US president's role. However, their position is often subordinate to the President, often acting as a figurehead who merely implements the President's agenda.

Parliament

The French parliament comprises two chambers: the National Assembly (equivalent to the House of Representatives) and the Senate.

• National Assembly: Deputies, elected through direct universal suffrage, make up the National Assembly. With a five-year term, the Assembly primarily drives the legislative agenda.
• Senate: Senators, elected indirectly through an electoral college dominated by mayors, serve seven-year terms. Their power is limited compared to the National Assembly.

Judiciary

Unlike the US legal system where judges often have broad jurisdiction over public and private matters, with a single Supreme Court at the sommet of the judicial order, France makes an important distinction between courts of public law and courts of private law. The former belong to the so-called administrative jurisdiction, while the ladder belong to the judicial jurisdiction -- each with their own respective "highest courts".

While France the notion of constitutional rights is not foreign to French legal culture, after all the 1789 Declaration of the Rights of Man and Citizen is enshired as forming a part of the French constitutional order, France has historically not allowed for the constituionality of laws to be challenged after they have come into effect. Shocking as this may seem to some Americans, it comes from the idea that the Parliement is the will of the people -- thus to intefere after the fact would be judicial overreach. However, since a reform under President Sarkozy, constitutional challenges can now be brought after-the-fact but only under certain conditions which will be covered in a later episode.

Another important thing to note is that French law is codified, meaning it is organized into comprehensive codes addressing specific legal domains (e.g., Civil Code, Criminal Code). These codes, regularly updated and accessible to the public, offer a structured and transparent legal system -- at least relative to the US.

Territorial Organization

In France, the term metropole is used to refer to mainland France (and Corsica), as *opposed overseas territories such as Reunion Island and Guadeloupe. Unlike US territories, like Puerto Rico, residents of Overseas France enjoy full citizenship rights and representation in the National Assembly. Certain overseas collectivities, like French Polynesia and New Caledonia, do hold greater autonomy -- a topic which will be discussed in a future episode.

In terms of local government, France has three levels:

• Communes: The most basic unit, similar to US municipalities, communes possess a uniform structure with elected municipal councils and mayors serving as executives.
• Departments: Originally established as administrative divisions during the Revolution, departments now have elected councils and retain administrative significance in interactions with the central government.
• Regions: As the highest tier of local government, regions have gained increasing importance, representing a shift from the traditionally centralized structure and acknowledging regional identities.

These local structures, however, do not have any lawmaking authority and can be modified or abolished by mere act of Parliement. Accordingly, rules regarding elections, spending and powers for each respective level of local government, are decided by the legislature and apply mostly uniformly across France.