ABSTRACT

This chapter describes the dynamics of institutional change under the new Republic that was established with de Gaulle's return to power, and examines the relationship between the initial constitutional settlements. The consensual mode of democracy is distinguished by its institutionalization of power-sharing, it creates a plurality of centres of power and incorporates devices designed to protect the interests of minorities. Lijphart's majoritarian mode of democracy was thus established in France with a succession of loyal presidential majorities in parliament extending from 1962 to 1986. The new Constitutional Council was envisaged rather as 'the defender of the executive', protecting governments from the encroachments and harassing tactics to be expected from an unruly parliament. Majoritarian presidentialism has been muzzled; by being subjected to 'a limitation of the normative possibilities of government' especially once the Council began to include 'procedural provisos' in its rulings, laying down guidelines and criteria to be respected in the subsequent implementation of individual pieces of leglislation.