Malcolm Rivera
The French Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. It was drafted by a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government. The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of government. It retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The constitution was short-lived, lasting less than a year, and was considered outdated by the time it was adopted. However, it played a significant role in the history of France and inspired similar texts in Europe and Latin America.
| Characteristics | Values |
|---|---|
| Year of Constitution | 1791 |
| First written constitution in France | Yes |
| Created by | National Assembly |
| Maintained monarchy? | Yes |
| Sovereignty resided in | Legislative Assembly |
| Voting rights | Restricted to "active" citizens |
| Power of the king | Reduced |
| Equality for women | No |
| Influence of Enlightenment philosophers | Yes |
| Influence of the American Constitution | Yes |
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What You'll Learn
- The French Constitution of 1791 was the first written constitution in France
- The constitution redefined the organisation of the French government, citizenship and the limits to the powers of government
- The constitution retained the monarchy, but sovereignty effectively resided in the Legislative Assembly
- The constitution was not egalitarian by today's standards
- The constitution was inspired by Enlightenment theories and foreign political systems
The French Constitution of 1791 was the first written constitution in France
The French Constitution of 1791, also known as the Constitution française du 3 septembre 1791, was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime. One of the fundamental principles of the French Revolution was to adopt constitutionality and establish popular sovereignty.
The National Assembly, formed by the deputies of the Third Estate, was tasked with drafting the constitution as its primary objective. On 20 June 1789, the Assembly pledged not to disband until France had a working constitution. The National Assembly wanted to reorganise the social structure and legalise itself. It aimed to redefine the organisation of the French government, citizenship, and the limits of the government's powers.
The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution. The Declaration offered broad statements about rights, liberty, and sovereignty. A twelve-member Constitutional Committee was formed on 14 July 1789 to draft the constitution's articles. The committee faced controversies regarding the extent of the king's powers and the form of the legislature. The question of equal rights for all subjects of the French Crown was also a significant issue.
The Constitution of 1791 redefined the role of the king, amending Louis XVI's title to 'King of the French', implying that his power derived from the people and law, rather than divine right or national sovereignty. It reduced the king's spending and granted him the right to form a cabinet and appoint ministers. The Constitution also established the National Assembly as the legislative body, with the king and royal ministers forming the executive branch, and an independent judiciary. It abolished feudal geographic divisions and introduced a system of recurring elections.
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The constitution redefined the organisation of the French government, citizenship and the limits to the powers of government
The French Constitution of 1791 was the first written constitution in France. It was created by the National Assembly during the French Revolution and came into effect in September 1791. The constitution redefined the organisation of the French government, citizenship, and the limits of the government's powers.
The constitution retained the monarchy, but sovereignty now resided in the Legislative Assembly, which was elected by a system of indirect voting. The franchise was restricted to "active" male citizens over a certain age who paid a minimal sum in taxes. This distinction between "active" and "passive" citizens meant that all women were deprived of rights and liberties, including the right to education, freedom of speech, and worship.
The constitution amended King Louis XVI's title from "King of France" to "King of the French". This implied that the king's power derived from the people and the law, not from divine right or national sovereignty. The king retained the right to form a cabinet and appoint ministers, but his executive power was subordinate to the law and the public good. To balance the interests of the people, the king was granted a suspensive veto, which could be overridden by three consecutive legislatures.
The constitution also abolished many "institutions which were injurious to liberty and equality of rights". It asserted the legal presence of the National Assembly in the French government by establishing its permanence and forming a system for recurring elections. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers. The National Assembly was the legislative body, the king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches.
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The constitution retained the monarchy, but sovereignty effectively resided in the Legislative Assembly
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. The constitution retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The franchise was restricted to "active" citizens who paid a minimal sum in taxes, with about two-thirds of adult men having the right to vote for electors and to choose certain local officials directly.
The constitution was drafted by a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government rather than something radically new. The National Assembly wanted to reorganize the social structure and legalize itself. It abolished many "institutions which were injurious to liberty and equality of rights". The Assembly's belief in a sovereign nation and in equal representation can be seen in the constitutional separation of powers. The National Assembly was the legislative body, the king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches.
The constitution amended Louis XVI's title from "King of France" to "King of the French". This implied that the king's power emanated from the people and the law, not from divine right or national sovereignty. The king retained the right to form a cabinet and select and appoint ministers. The constitution also granted the king a suspensive veto to balance out the interests of the people, although this was a source of controversy. The question of what level of power to grant the king was a major point of contention, with some arguing for an absolute veto.
The constitution lasted less than a year, and by the time it was adopted, it was already outdated, overtaken by the events of the revolution and growing political radicalism. The onset of the French Revolutionary Wars and the involvement of foreign powers in the conflict further fuelled the popularity of radical Jacobin and ultimately republican conceptions, which led to the end of the constitutional monarchy.
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The constitution was not egalitarian by today's standards
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. The constitution was drafted by a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government. The constitution redefined the organisation of the French government, citizenship, and the limits of the government's powers. It abolished many institutions that were considered injurious to liberty and equality of rights.
However, the constitution was not egalitarian by today's standards. It distinguished between "active citizens" and "passive citizens". Active citizens were male property owners over the age of 25 who paid direct taxes equal to three days' labour. They had political rights. Passive citizens, on the other hand, only had civil rights. All women were considered passive citizens and were deprived of rights and liberties, including the right to education, freedom of speech, writing, printing, and worship.
The issue of citizenship was a major controversy during the drafting of the constitution. The Declaration of Rights of Man and Citizen seemed to promise equal rights to every subject of the French Crown. However, the final constitution made a distinction between active and passive citizens, which was intolerable to radical deputies such as Maximilien Robespierre, who could never be reconciled to the Constitution of 1791.
The constitution also retained the monarchy, with Louis XVI remaining as king under a constitutional monarchy. The constitution amended his title from "King of France" to "King of the French", implying that his power emanated from the people and the law, not from divine right or national sovereignty. The king retained certain executive powers, including the right to form a cabinet and appoint ministers. He was also granted a suspensive veto to balance out the interests of the people, although this was a highly contested issue.
Overall, while the French Constitution of 1791 made significant strides towards liberty and equality, it fell short of today's standards of egalitarianism by excluding women and restricting the rights of certain citizens.
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The constitution was inspired by Enlightenment theories and foreign political systems
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It was inspired by Enlightenment theories and foreign political systems, including the United States Constitution and the British system of government.
The Enlightenment, which emerged in the early 18th century, valued knowledge gained through rationalism and empiricism. It was concerned with a range of social and political ideas such as natural law, liberty, progress, toleration, fraternity, constitutional government, and the separation of church and state. The philosophical movement was led by thinkers such as Voltaire, Rousseau, Locke, Montesquieu, and Hume, who argued for a society based on reason and natural law, rather than faith and Catholic doctrine.
Enlightenment philosophers believed that government must be founded on rational principles and organised to best serve the people. They advocated for a written constitution that would define and limit the power of the government and protect the rights of citizens. The French Constitution of 1791 reflected these ideas, with the National Assembly seeking to reorganise the social structure, legalise itself, and establish a system of recurring elections.
The United States Constitution, drafted in 1787, embraced several Enlightenment ideas, such as Rousseau's popular sovereignty and Montesquieu's separation of powers. The French revolutionaries looked to the American example as they deliberated on their own constitution, particularly the inclusion of a bill of rights. The United States Constitution's system of checks and balances, influenced by Montesquieu, ensured that no single branch of government could accumulate excessive power, protecting individual liberties.
The British system of government also provided a model for the French Constitution. While Britain did not have a written constitution, the power of the monarchy was constrained by factors such as the nobility, parliament, and the Civil War. Over time, the British system evolved to embrace a balance of power between the monarch, parliament, aristocracy, and judiciary, demonstrating the idea of a separation of powers in government.
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Frequently asked questions
Yes, the French Revolution government did write a new constitution, called the French Constitution of 1791. It was the first written constitution in France.
The French Constitution of 1791 redefined the organisation of the French government, citizenship, and the limits to the powers of the government. It retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The constitution also amended Louis XVI's title from 'King of France' to 'King of the French', implying that the king's power came from the people and the law, not from divine right or national sovereignty.
One of the main controversies surrounding the French Constitution of 1791 was the level of power to be granted to the king. The Constitutional Committee proposed an absolute veto for the king, but this was defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures. Another controversy was the issue of citizenship and whether every subject of the French Crown would be given equal rights. The constitution distinguished between "active citizens" (male property owners over the age of 25) who had political rights, and "passive citizens" who only had civil rights.
