National Constituent Assembly (France, 1945)

After the Liberation of France in 1945, the provisional government led by Charles de Gaulle did not reinstate the 16th legislature of the French Third Republic. Instead, it organized legislative elections to establish a new Constituent Assembly, tasked with drafting a new constitution to ensure democratic representation and legitimacy in the institutions of a new Republic. On July 16, 1945, the provisional government presented a draft ordinance to the Provisional Consultative Assembly proposing a referendum.Marcel Morabito, Histoire constitutionnelle de la France (1789-1958), Montchrestien, Paris, 2004, 8th ed., p. 372. The Consultative Assembly opposed this plan due to its reliance on a referendum and the limited powers granted to the new Constituent assembly.

Despite opposition, the government issued an ordinance on August 17, 1945, organizing a referendum in October.Ordinance of August 17, 1945 ([http://mjp.univ-perp.fr/france/co1944-5.htm online text]). As stipulated, the Provisional Consultative Assembly dissolved with the electoral process for the Constituent Assembly underway. Until the office of the President of the French Republic was reinstated, the head of the provisional government effectively acted as head of state.

{{Main|1945 French constitutional referendum}}

On October 21, 1945, the provisional government conducted a dual referendum on the Constituent Assembly's formation and organized elections. Women and soldiers voted for the first time in the referendum and Assembly elections, with deputies elected for a limited term of seven months.

The referendum's first question asked: "Do you want the National Assembly elected today to be constituent?"

• If "yes" prevailed, the Assembly would draft a new Constitution to establish a new Republic.
• If "no" prevailed, the Assembly would reestablish the 1875 Constitution and the Third Republic, constituting the 17th legislature of the Third Republic.

Blaming the 16th legislature for the June 1940 humiliation, 96% of voters approved the "yes" option.

The second question asked whether the Assembly's powers should be limited by a provisional constitutional framework proposed by the government or unlimited, allowing the Assembly to independently organize public powers. Two-thirds of voters endorsed limiting the Assembly's powers, leading to the Provisional Constitutional Law of November 2, 1945.

{{Main|1945 French Constituent Assembly election}}

The elections on October 21, 1945, resulted in a strong victory for the left-wing, highlighting three main parties forming the "Tripartisme" coalition:

• The French Communist Party (PCF), highly regarded for its role in the Resistance and Soviet victory, secured 26% of the vote and 160 seats. This ended the first government of Charles de Gaulle on November 2, 1945, as the PCF claimed significant government influence.
• The Popular Republican Movement (MRP), a Christian democratic party supported by de Gaulle.
• The French Section of the Workers' International (SFIO).

Other political outcomes:

• The Radical Party, dominant during the Third Republic, suffered catastrophic results.
• The right-wing, discredited by collaboration with Pierre Laval, lost two-thirds of its electorate.

The left held an absolute majority, with Félix Gouin serving as Assembly President. Women constituted 5.6% of the deputies.Magazine Le Monde 2, April 18-19, 2004, p. 89.

File:Assemblée constituante 23 novembre 1945.svg

The distribution of deputies by parliamentary group as of November 23, 1945, was as follows:{{cite web |title=Journal Officiel de la République française du 28 novembre 1945: Rectified electoral lists of group members, submitted to the president of the Constituent National Assembly on November 23, 1945, under Article 17 of the regulations |url=https://gallica.bnf.fr/ark:/12148/bpt6k2033749s/f6.item |website=BNF Gallica |accessdate=October 6, 2024 |pages=7878–7880}}

{{Main|Provisional Constitutional Law of November 2, 1945}}

On November 2, 1945, the government of Charles de Gaulle promulgated the Provisional Constitutional Law and dissolved itself pending the formation of the Constituent Assembly to elect a new government leader and adopt a new Constitution. De Gaulle resigned on January 20, 1946, opposing the "regime of parties."

{{Main|Provisional Government of the French Republic}}

The nationalization of the Banque de France and four major French banks occurred swiftly, avoiding speculation. The bill was submitted on November 30, 1945, and passed by December 2, 1945.

{{Main|Gouin Government}}

Key achievements included:

• Nationalization of EDF and GDF (April 8, 1946).
• Abolition of regulated prostitution (April 13, 1946).
• Abolition of forced labor (April 11, 1946).{{cite web |url=http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000874642 |title=Loi n°46-645 |accessdate=2015-12-07}}

After the constitution was rejected, the Assembly and Gouin Government were dissolved. New elections were held on June 2, 1946, to form a Second Constituent Assembly of 1946.

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Category:French Fourth Republic

Category:Constituent assemblies

Category:1945 in France

Category:1946 in France

Category:Historical legislatures in France

Category:Provisional government of the French Republic