프랑스 헌법 제49조 3항의 정치학

Article 49-3 of the Constitution of the French Fifth Republic is a unique legislative procedure that allows the Government to require the National Assembly, which is the House of Representatives, to adopte a text of bill without a vote, that the Assembly cannot oppose without approving a non-confidence motion against the Government. This exceptional procedure was one of the prescriptions for a ‘rationalized parliamentarism’ to prevent governmental instability which had been endemic to the French Third and Fourth Republics. Some constraints were added in 2008, but the framework of the regulation did not change. In fact, 100 attempts have been made and never failed in about 65 years from 1958 to today. In particular, it was frequently applied in the socialist government in 1988-1993 and the current Borne government, but non-confidence motion was never passed, so the procedure of Article 49-3 proved its usefulness for minority governments that had failed to secure an absolute majority in the National Assembly. However, since 1962, the introduction of the direct presidential election system and the ‘majoritary phenomenon' have constituted other factors that stabilize the government, and the procedure of Article 49.3 has become one of the factors that excessively weaken the parliamentary right to deliberation and strengthen the executive authority.