The Governments Of France, Italy, And Germany

Text extracted from opening pages of book: THE FRANCE, ITALYi'mD GERMAN BY A. LAWRENCE LOWELL, LL. D., Pn. D. President of Harvard University CAMBRIDGE HARVARD UNIVERSITY PRESS LONDON: HUMPHEET MILFORD PRESS 1914: - PREFACE THIS volume is an abridgment of the author's Governments and Parties in Continental Europe, published in 1897. It has been prepared in order that certain portions of the latter, particularly those dealing with the framework of government in France, Italy and Germany, may be more easily used in college classes* Some changes have been made in the text, but only where the legislation of the last seventeen years has changed the actual machinery of government. Matters of opinion are left as they were in the original edition. CONTENTS CHAPTER I FKANCE: INSTITUTIONS PACT Origin and nature of parliamentary government in England 2 The system imperfectly copied on the Continent ... 6 The French constitutional laws 7 History of their creation 8 The method of amendment ., ..*.. 12 Their legal and moral effect 13 The Chamber of Deputies 14 The method of election, scrutin de liste and scrutin d'arrondisse ment 15 The Chamber a tumultuous body 18 The Senate 19 Its functions and actual influence . * . . .21 The ministers as a rule not responsible to it ... 22 The National Assembly 26 The President of the Eepublic ....... 26 His functions 27 His powers really exercised by responsible ministers . . 28 The Council of State 30 The ministers 32 Their responsibility to the Chamber of Deputies . . .33 Their enormous power ( which is due to the four following mat ters) 33 The paternal nature of the government, , .... 34 The centralization of local government 36 The department, with itsprefect and general council . . 36 The arrondissement and the canton 40 The commune, with its mayor and communal council . . 40 Paris and Lyons 42 The legislative powers of the executive ... 43 Ordinances and appropriations . 44 CONTENTS 1 The judicial powers of the executive ...... 4 1 Difference between English and French history ... 4' In England the royal power grew early and took a judicial form .......... 41 In France it developed late and took an administrative form 5: Effect of the doctrine of the separation of powers . . . & Questions of the legality of official acts withdrawn from the ordinary courts ........ & The administrative courts and the court of conflicts . 5' The state of siege ......... $ Effect of the French system on the position of the ministers . ft Note on Gneist's views on English and French history, . $ CHAPTER n: PARTIES The influence of parties in popular government 6 The parliamentary system normally produces two parties . . 70 It cannot work well otherwise ...... 72 In France there are many parties or groups ..... 74 Causes of the subdivision of parties ...... 76 Lack of a political consensus ....... 7 Theoretical character of French political opinions ... 81 Lack of the habit of political organization . . . .82 The election of the deputies by majority vote ... 84 The system of committees in the Chambers . . . .87 This undermines the authority of the cabinet and its ability to hold the majority together ..... 9C The use of interpellations ....., . . 92 This has a similar effect ....... 94 It is due to jealousy of the ministers ..... IOC Kesulfcs of the subdivision of parties ...... 102 A change of ministry does not mean change of party . . 102 Thecabinets short-lived ....... 104 As a rule they are coalitions and therefore weak . . . lOfi They must confer favors on the deputies to win votes . . 106 The deputies in turn must curry favor with the local nominating committees and the constituents ...... 108 Prospects of the Republic ........ 113 Since the Revolution there has been no change of the party in power without a revolution ....... 114 Possible organic changes . . . . . 117 vi CONTENTS CHAPTEE III ITALY: INSTITUTIONS The formation of the kingdom 120 The Statute 122 The King 126 The ministers . 127 The Senate .