Referendums in France

The constitution of the French Fifth Republic allows three types of referendum:

At the national level, a legislative referendum on the initiative of President of the French Republic on a proposal by the Cabinet or the Parliament (since 1958 );

Locally, a local referendum initiative (since 2003).

The Constitutional Law of 23 July 2008 provides a shared initiative referendum (organized on the initiative of one-fifth of the members of Parliament, supported by one-tenth of registered voters).

Concept

The referendum is a process used to reclaim democratic ideals, in which "the body of citizens are called to express, through a referendum, an opinion or intention with respect to any measure that other authority has taken or plans to take" (translated), which will be acted upon or adopted in case of positive response. The referendum allows only two possible responses: yes (adopt) or no (reject).

Terminologically, the word "referendum" rarely appears in the French constitutions before 1958. It was replaced by circumlocutions such as "consultation" or "appeal to the people." Only Article 3 of the Constitution of 27 October 1946 recognized the people's right to a referendum. In the 20th century, it seems necessary to distinguish between referendum, which implies a decision, with the discussion that results in an opinion. In legal literature the informal terms "référendum consultatif" (advisory referendum) and "consultation référendaire" (referendum), depending on whether one focuses on the action or the consequences of the action. All of these uses meet the generic definition given above. However, the jurisprudence of the State Council clearly distinguishes national referendums in which the French people exercise their sovereignty (Articles 11, 89 and 88-5), subject only to the Constitutional Council, and other referendums.