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French Constitutionalism and the Administrative State

A Comparative Textual Study

Virginia Polytechnic Institute and State University

This article examines the relationships between constitutionalism and public administration through a comparative textual analysis of the constitutions of the Fifth French Republic and the United States. Particular emphasis is placed on the exceptional powers of the presidents of the two countries, the influence of the executive power on the respective legislative processes, and the practical significance of the divided executive power in France compared to the formally unified American executive. These diverse comparisons are brought together by the theme of how the constitutional traditions in the two countries both promote and inhibit the capacity for action of the administrative state.

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