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CONSTITUTION OF

COMMUNIST
CHINA

Land
Sun

of turmoil and revolution

Yat Sen end to feudal aristocracy

Kuomintang
1947

communist party Mao

Initially

no formal legislature or constitution

Chinese
1954

Peoples Political Consultative Conference

All China Peoples National Congress

1952

drafting constitution

March
Final

1954 first draft completed

draft was approved in September 1954

Intervening
Current
Maoism

versions in 1975 and 1978

constitution declared in 1982

1. Enacted constitution
138

articles grouped into 4 chapters

Preamble

achievements

Chapter

1 general principles

Chapter

2 rights and duties

Chapter

3 structure of the state

Chapter

4 highest organ of state power - national flag, emblem,

capital

2. Rigidity
National

Peoples Congress empowered to make amendment by


two third majority

3. Unitary
No

division of powers

Centre

is all powerful

Provincial,

centre

regional and local systems under the full control of

4. Unicameral
National

Peoples Congress

legislature
Members

are chosen from the ranks of people, units of provincial


and regional administration and armed forces

5. Fundamental rights and duties


Chapter

2 articles 33 to 56

Right

to education, to elect, to be elected, to work, to have rest, to


get material assistance in old age / disability, to profess and
practice religion, against detention

Duty

of supporting communist leadership, strengthening socialist


system and abiding by the constitution

6. Democratic centralism
Leading

roles elected through democratic consultations

SUBORDINATE
Individual
Minority
Lower
Party

- organization

- majority

upper level

central committee

7. Central Military Commission


Chairman,
Elected

Vice-chairman and members

by NPC and accountable to it

Function

direct the armed forces of the country

8. Socialist state
Constitution
Democratic

dictatorship alliance of workers & peasants

CONSTITUTION OF
FRANCE

Laboratory
Prior

of political experiments

to Revolution Absolute Monarchy

Estates
French

General

Revolution 1789 Liberty, Equality and Fraternity

1792

first constitution came into force

1793

Montagnard constitution first republic

This

constitution replaced with the rule of directory in 1795

Directory

executive of five members Napoleon

Directory

replaced by 3 member consulate napoleon was the first

consulate

1804

Napoleon crowned himself again Monarchy

Second

Republic 1848

Constitution

adopted by popularly elected National assembly


Louis Napoleon as president

Louis

Napoleon declared himself as emperor in 1852 1870

1870

Third Republic till 1940

President
Real

head of the state with formal powers

authority vested with parliament

Fourth

parties

Weak

republic 1946 compromise between several political

government end in 1958

Fifth

republic Gen. De Gaulle Prime Minister with full powers

New

constitution came into force on 4th October 1958

Gen.

De Gaulle elected as the first president of fifth republic

1. Preamble
Declaration
Right

of human rights of 1789

to free speech, press, assembly and religion

Cannot

be enforced by judicial action

2. Written
Enacted
92

by a constitutional committee

articles 15 titles

Five

principles

3. Rigid
Article

89- Amendment

Revision

must be voted first in identical terms by both the houses


then ratified bya a referendum

President
Republic

decides 3/5 majority of both houses joint session

not subject to revision

4. Mixture of parliamentary and


presidential forms
Constitutional
It

text is incomplete to decide

provides for a parliamentary form of government

Head
PM

of the state and head of the govt. are different

and cabinet ministers are responsible for parliament

Two

houses democratically elected

Judiciary

is independent

Fundumental

liberties

National
Senate

assembly

More

Quasi presidential than quasi parliamentary

President
He

is a real executive

appoints ministers on the advice of prime minister

Decisions

wishes

of the government are taken in accordance with his

5. Popular Sovereignty
Article

2 France is an indivisible, secular, democratic and social


republic

Motto

of the republic liberty equality and fraternity

National

sovereignty people (art. 3)

Exercise

through representatives

Referendum
Suffrage

is universal, equal and secret

6. Republic
Head

of the state President

elected

7. Separation of powers
Executive

power is not derived from parliament

President

may refer a bill for referendum or he may postpone

Premier

is nominated by the president

8. Constitutional council
Function

of deciding the constitutionality of governmental or


parliamentary acts

Council
Term
1/3

of 9 members

9 years and not renewable

renewed in every three years

members nominated by president

from the president of national assembly

All

former presidents are ex-officio member of the council

Constitutional
Supervises

council supervises the election of president

the procedures of referendum

9. Recognition of political parties


Art

4 political parties

Must

respect the principles of national sovereignty and democracy

10. Advisory and judicial organs


Economic
High

and social council

council of judges and public prosecutors

11. Vague
Does

not completely describe the system

Omitted

important institutions