The preamble to the Constitution of 1946 states right and freedoms fundamental, which it appeared necessary to devote at the end of the Second world war.

This text contains primarily economic rights and social.

The Constitution of 1958 (V {{E}} Republic) preserved this text at the constitutional value. The French Constitutional council thus ensures the conformity of the laws voted by the Parlement this text with constitutional value.

History

August 1st

Basic principles recognized by the laws of the Republic

The preamble to the Constitution of 1946 more aims at affirming rights of an economic nature and social that individual rights. It begins again, essentially, the principles stated by the Declaration of the human rights which appeared at the head of the constitution project rejected by referendum on May 5th, 1946. This declaration was made up of 39 articles distinguishing the " libertés" and " social rights and économiques".

Thus, the preamble makes reference to the rights and freedoms recognized by the Declaration of the rights of 1789 and with the basic principles recognized by the laws of the Republic before stating a series of principles economic policies and social " particularly necessary to our time ".

Although " basic principles recognized by the laws of the Republic " were not precisely stated by the writers of the Constitution of 1946, the Constitutional council was based on this concept to define in its jurisprudence a certain number of principles with constitutional value drawn from the great laws adopted by the Parliament under IIIe République.

Lastly, the preamble to the constitution of 1946 defines certain principles holding with the international relations of France: he thus recognizes the right of asylum to the people persecuted because of their action in favor of freedom, points out the respect by the French Republic of the rules of the international public law and poses the principle of the assent of France to the limitations of Sovereignty necessary for the organization and the defense of peace; he also defines the framework of the relations between the metropolis and the colonies for their evolution towards self-determination within the French Union.

Principles economic policies and social particularly necessary to our time

The preamble to the Constitution of 1946 states principles considered " as particularly necessary to our time ". Those relate mainly to the rights of the workers and the social rights, but they also relate to the international law. Are thus mentioned:

• the guarantee for the woman, in all the fields, of rights equal to those of the man
• the right of asylum on the territory of the Republic for any person persecuted because of her action in favor of freedom
• the right to obtain an employment and the duty to work
• the right to the union action
• the right to strike
• the right to the participation and the collective determination of the work conditions like with the business management
• the nationalization of national public services or monopolies in fact
• the Nation guarantees:
• right to protection of health
• material safety
• rest and leisures, in particular for the child, the mother and the old workers
• right to obtain community of the suitable means of existence
• the equal access of the child and the adult to the instruction, professional training and the culture

Legal effects

See too

References

Internal bonds

• Constitution of October 27th, 1946
• Constitution of 1958
• Fundamental freedoms

External bonds

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