ABSTRACT

It may come as a surprise, but there is no French tradition that constitutions have to be adopted by the people, at least not until 1945. Although between 1791 and 1945 France wore out nine, ten, eleven or even more constitutions, depending on how one counts, only four of these were adopted by referendum: the constitutions of 1793, 1795 and 1799, and the acte additionnel of 1815. If one looks at the period after 1945, however, the picture changes and a tradition may be said to have developed, or at least to be developing. Since then all French constitutions have been adopted by referendum: the Constitutional Act for the Provisional Government on 21 October 1945, the constitution of the fourth republic on 13 October 1946 and that of the fi fth republic on 28 September 1958. In view of this sequence, it is hardly conceivable that if ever a sixth French republic sees the light, its constitution will not also be adopted by referendum.