respecting annual budgets, and it leaves untouched the
entire field of the judiciary. The instrument lays down only certain
broad lines of organization; the rest it leaves to be supplied through
the channels of ordinary legislation.
[Footnote 460: Among French writers upon
constitutional law there has been no small amount
of difference of opinion as to whether the National
Assembly is to be regarded as having been entitled
to the exercise of constituent powers. For a brief
affirmative argument see Duguit et Monnier, Les
Constitutions, cxvii. Cf. Dicey, Law of the
Constitution, 121, note.]
[Footnote 461: It is to be observed, however, that
many authorities agree with Professor Duguit in his
contention that although the individual rights
enumerated in the Declaration of Rights of 1789 are
passed without mention in the constitutional laws
of 1875, they are to be considered as lying at the
basis of the French governmental system to-day. Any
measure enacted by the national parliament in
contravention of them, says Professor Duguit, would
be unconstitutional. They are not mere dogmas or
theories, but rather positive laws, binding upon
not only the legislative chambers but upon the
constituent National Assembly. Traite de droit
constitutionnel (Paris, 1911), II., 13.]
*331. Amendment.*--It was the desire of all parties in 1875 that (p. 307)
the constitutional laws should be easy of amendment, and indeed most
men of the time expected the governmental system which was being
established to undergo, sooner or later, fundamental modification. The
process of amendment is stipulated in the law of February 25,
1875.[462] Amendments may be proposed by the President of the Republic
or by either of the chambers of Parliament. When, by a majority of
votes in each, the Senate and Chamber of Deputies declare a revision
of the constitutional laws necessary, the two chambers are required to
be convened in the character of a National Assembly, and amendments
are adopted by absolute majority of this composite body. Contrary to
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