Article 8 of the French Constitution

Article 8 of the French Constitution of 4 October 1958, which established the Fifth Republic, defines the powers of the President of the Republic in relation to the appointment and resignation of the Prime Minister and other members of the Government. It plays a crucial role in shaping the executive structure of France’s semi-presidential system, where both the President and the Prime Minister exercise executive authority under distinct constitutional limits.

Text of Article 8

The official wording of Article 8 is as follows:
“The President of the Republic shall appoint the Prime Minister. He shall terminate the appointment of the Prime Minister when the latter tenders the resignation of the Government. On the proposal of the Prime Minister, he shall appoint the other members of the Government and terminate their appointments.”
This short provision defines the framework for the formation, composition, and resignation of the Government in France.

Purpose and Constitutional Context

Article 8 establishes the dual executive model of the French Fifth Republic, combining elements of both presidential and parliamentary systems. The framers of the 1958 Constitution sought to strengthen the executive branch, particularly the office of the President, to ensure stability and effective governance after years of instability under the Fourth Republic.
The Article thus formalises the President’s constitutional prerogative to appoint the Prime Minister, who in turn is responsible for proposing other members of the Government. It embodies the principle of shared executive authority, where the President and the Prime Minister must work together within a framework of political balance and parliamentary accountability.

Key Features and Interpretation

1. Appointment of the Prime MinisterThe President has the exclusive constitutional power to appoint the Prime Minister. However, this power is not entirely discretionary. In practice, the President must consider the political composition of the National Assembly, since the Government must command the Assembly’s confidence to remain in office.
   • When the President’s political party or coalition holds a majority, the President enjoys broad discretion in choosing the Prime Minister.
   • When the majority in the Assembly belongs to the opposition (a situation known as cohabitation), the President is obliged to appoint a Prime Minister from the opposing majority.
2. Termination of the Prime Minister’s AppointmentThe President terminates the Prime Minister’s appointment only when the latter tenders the resignation of the Government. This generally occurs when the Prime Minister resigns voluntarily, after a parliamentary defeat, or following a presidential request to resign.The President cannot arbitrarily dismiss the Prime Minister without the latter’s resignation, maintaining the constitutional balance between executive authority and parliamentary responsibility.
3. Appointment and Dismissal of Other MinistersArticle 8 stipulates that the President appoints and dismisses other members of the Government on the proposal of the Prime Minister. This means the Prime Minister decides the composition of the Cabinet, but the President must formally endorse the appointments.The requirement of a proposal ensures that the Government’s formation reflects both the President’s constitutional role and the Prime Minister’s political responsibility to Parliament.

Function in the Semi-Presidential System

Article 8 exemplifies the semi-presidential character of the French political system. Under this model:

• The President represents the unity and continuity of the Republic, exercising key constitutional prerogatives.
• The Prime Minister directs the Government’s actions and is accountable to Parliament.

The interplay between Article 8 and Article 20 (which states that the Government determines and conducts the policy of the Nation) creates a balance between presidential leadership and parliamentary responsibility.
This system works smoothly when the President and the parliamentary majority belong to the same political alignment, resulting in strong executive unity. However, in periods of cohabitation, the President’s role in domestic governance becomes more limited, while the Prime Minister leads governmental policy according to the parliamentary majority’s mandate.

Practical Operation and Political Implications

Article 8 has been applied in different political circumstances since 1958, illustrating the adaptability of the French constitutional framework:

• In periods of majority alignment, such as under Presidents Charles de Gaulle or Emmanuel Macron, the President effectively dominates the executive, choosing a Prime Minister who implements presidential policies.
• During cohabitation, as seen under Presidents François Mitterrand and Jacques Chirac, the Prime Minister assumes primary control over domestic policy, while the President focuses on foreign affairs and national defence.

Thus, Article 8 allows for flexible interpretation depending on the political context, preserving both presidential authority and parliamentary accountability.

Constitutional Philosophy and Significance

Article 8 reflects the foundational philosophy of the Fifth Republic, which sought to overcome the weaknesses of the purely parliamentary system of the Fourth Republic, characterised by unstable governments and frequent ministerial changes. By granting the President the power to appoint the Prime Minister, the Constitution ensures the continuity of executive authority and strengthens the stability of governance.
At the same time, by linking ministerial appointments to the Prime Minister’s proposals and maintaining the Government’s collective responsibility to Parliament, it safeguards democratic accountability.
The Article embodies three key constitutional principles:

• Executive unity under the President’s authority.
• Political responsibility of the Government to the National Assembly.
• Institutional balance between the President’s symbolic leadership and the Prime Minister’s operational control.

Limitations and Checks

Although Article 8 grants the President significant powers, these are limited by other constitutional provisions:

• The Government is accountable to the National Assembly (Article 49). If it loses the Assembly’s confidence, it must resign.
• The President cannot dismiss the Prime Minister unilaterally without the latter’s resignation, preserving parliamentary legitimacy.
• The President’s choice of Prime Minister must always respect the democratic majority principle, ensuring that executive power reflects electoral outcomes.

Therefore, while Article 8 strengthens the President’s position, it remains consistent with the principle of parliamentary democracy.

Comparative Perspective

Article 8 distinguishes the French Fifth Republic from purely parliamentary systems (like the United Kingdom) and purely presidential systems (like the United States). It creates a hybrid executive, allowing for shared power between the President and Prime Minister, adaptable to changing political circumstances. This design has provided France with greater governmental stability and flexibility than its earlier republican constitutions.