French Constitution in the context of "New Caledonia"

⭐ In the context of New Caledonia, the French Constitution is considered…

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⭐ Core Definition: French Constitution

The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic (French: la Constitution de la Cinquième République), and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a 1971 decision of the Constitutional Council. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.

Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then, the constitution has been amended twenty-five times, notably in 2008 and most recently in 2024.

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👉 French Constitution in the context of New Caledonia

New Caledonia is a French territory comprising a group of islands in the southwest Pacific Ocean, 220 km (140 mi) southwest of Vanuatu and 1,210 km (750 mi) east of Australia. Located 16,100 km (10,000 mi) from Metropolitan France, it forms a sui generis collectivity of the French Republic, a legal status unique in overseas France, enshrined in a dedicated chapter of the French Constitution and with an on-going project to a status of State of New Caledonia.

The archipelago, part of the Melanesia subregion, includes the main island of Grande Terre, the Loyalty Islands, the Chesterfield Islands, the Belep archipelago, the Isle of Pines, and a few remote islets. The Chesterfield Islands are in the Coral Sea. French people, especially locals, call Grande Terre le Caillou, a nickname also used more generally for the entire New Caledonia. Pro-independence Kanak parties use the name (la) Kanaky (pron. [(la) kanaki]) to refer to New Caledonia, a term coined in the 1980s from the ethnic name of the indigenous Melanesian Kanak people who make up 41% of New Caledonia's population. New Caledonia is associated with the European Union as an overseas country and territory (OCT).

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French Constitution in the context of Laïcité

Laïcité ([la.i.si.te]; 'secularism') is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as the separation of civil society and religious society. It discourages religious involvement in government affairs, especially in the determination of state policies as well as the recognition of a state religion. It also forbids government involvement in religious affairs, and especially prohibits government influence in the determination of religion, such that it includes a right to the free exercise of religion.

French secularism has a long history: Enlightenment thinkers emphasized reason and self direction. Revolutionaries in 1789 violently overthrew the Ancien Régime, which included the Catholic Church. Secularism was an important ideology during the Second Empire and Third Republic. For the last century, the French government policy has been based on the 1905 French law on the Separation of the Churches and the State, which is however not applicable in Alsace and Moselle. While the term laïcité has been used from the end of the 19th century to denote the freedom of public institutions from the influence of the Catholic Church, the concept today covers other religious movements as well.

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French Constitution in the context of Languages of France

French is the sole official language in France according to the second article of the French Constitution. French, a Gallo-Romance language, is spoken by nearly the entire population of France.

In addition to French, several regional languages are also spoken to varying degrees, such as Alsatian, an Alemannic variety; spoken by 1.44% of the national population); Basque, a language isolate; Breton, a Celtic language (spoken by 0.61%); Corsican, an Italo-Dalmatian language; and various other Gallo-Romance languages (Langues d'oïl 1.25%, Occitan 1.33%). Some of these languages are also spoken in neighbouring countries, such as Belgium, Germany, Switzerland, Italy, Andorra, or Spain.

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French Constitution in the context of Organic Law (Spain)

An Organic Law (Spanish: Ley Orgánica) in Spanish law refers to a law related to fundamental rights and freedoms and important institutional areas as defined by the Constitution (including inter alia, statutes of autonomy, referendums and electoral processes, functioning and organisation of the Constitutional Tribunal, the organisation of the military and the succession of the throne). Organic Laws must be passed by an absolute majority of the Congress of Deputies (not merely a majority of those voting). In legal terms, organic laws are conceptually considered part of the constitution.

Prior to the 1978 constitution this concept had no precedent in Spain. It was inspired by a similar concept in the current French Constitution of 1958 and conceived as a democratic safeguard to prevent authoritarian aspirations in the transition to democracy (they are harder to change).

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