Malcolm Rivera
The Constitution of the Year VIII, adopted on 24 December 1799, was the first constitution since the 1789 Revolution without a Declaration of Rights. It established the Consulate, with Napoleon as First Consul, giving him most of the powers of a dictator. This constitution was amended twice: first by the Constitution of the Year X, which made Napoleon First Consul for Life, and then by the Constitution of the Year XII, which established the First French Empire with Napoleon as Emperor of the French and the House of Bonaparte as the imperial dynasty. The latter was later amended by the Additional Act of 1815 after Napoleon returned from exile, giving the French people rights such as the right to elect a mayor in communes with populations of fewer than 5,000.
| Characteristics | Values |
|---|---|
| Date of Amendment | 24 December 1799 |
| Reason for Amendment | To retain power after a coup d'état |
| Type of Amendment | Strengthened Napoleon's power |
| Voting Rights | All adult males |
| Legislative Power | Reduced independence, President responsible for initiating legislative acts |
| Government Type | Consulate |
| Dynasty | House of Bonaparte |
| Throne | Hereditary in Napoleon's family |
| Legislative Body | 250 deputies elected every six years |
| Senate | Ex officio members and members appointed for life by the President |
| Rejection | Model of constitutional monarchies |
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What You'll Learn
The Constitution of the Year VIII
The constitution tailor-made the position of First Consul, granting Napoleon Bonaparte extensive powers akin to those of a dictator. It marked a break from previous constitutions by not including a Declaration of Rights, although it affirmed certain rights such as the inviolability of the home and personal safety. The constitution established universal masculine suffrage, but the electoral system limited citizen participation, with elections being removed. Citizens were only able to create "Lists of Confidence (or notability)," which were lists of candidates for various positions that were then named or elected by the government or the Senate.
The Council of State, established by the constitution, served as an instrument of the executive with functions ranging from drafting laws to controlling administration and resolving disputes. It consisted of 30 to 50 members appointed by the First Consul. The constitution also used the term "notables" to refer to prominent men in society, such as landholders, merchants, scholars, and officials. These "notables" were chosen by popular vote in each district, and they played a role in appointing members to various governmental bodies.
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The Constitution of the Year X
The Consulate, as a form of government, was characterized by a complicated power structure. While the Constitution of the Year VIII established a triumvirate with three consuls, the position of First Consul was tailor-made for Napoleon, granting him the majority of decision-making power. This concentration of power was further enhanced by the amendments made during the Year X, effectively making Napoleon the supreme leader of France.
Napoleon's constitutions, including the Constitution of the Year X, were notable for their lack of a Declaration of Rights. Instead, they prioritized stability, order, and equality over individual liberties. This approach resonated with the French people, who were exhausted by revolutionary upheaval and yearned for a strong and competent government. Napoleon's popularity and military successes contributed to the widespread acceptance of his constitutions, with the French people approving his power grabs by a large majority.
The impact of the Constitution of the Year X extended beyond its immediate political implications. It set a precedent for centralized power in France and influenced the country's legal system. Napoleon's Civil Code, also known as the Code Napoleon, had a lasting impact on the lives of ordinary people, shaping legal practices and principles that continue to influence various parts of the world even today.
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The Constitution of the Year XII
The document outlines the powers of the Emperor and the legislative body. The Emperor, by the grace of God and the constitutions of the Republic, had the authority to command the public forces and require bailiffs to put judgments into execution. The Legislative Body could denounce ministers or councillors of state who gave orders contrary to the constitutions and laws of the Empire. This body could also denounce colonial officials, generals, and prefects who abused their authority or disobeyed instructions.
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The Charter of 1815
The legislative power was to be jointly exercised by the Emperor and Parliament, which was to consist of two chambers: the Chamber of Peers and the Chamber of Representatives. The Chamber of Peers was to be composed of hereditary members appointed by the Emperor, while the Chamber of Representatives was to be made up of 629 citizens elected for five-year terms by electoral colleges in the individual departments. Ministers were to be held accountable to Parliament for their actions.
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The Constitution of 14 January 1852
The Constitution of 1852 rejected the model of constitutional monarchies and instead embraced the key principles of 1789, recognising them as the foundation of French public law. However, despite this affirmation, the articles that followed granted extensive powers to the head of state, resembling a quasi-monarchist conception. The independence of the legislative power was diminished, with the President assuming responsibility for initiating legislative acts that deputies could not amend. The parliament consisted of a legislative body, including 250 deputies elected every six years, and a Senate with ex officio members like marshals, admirals, and cardinals. The President also appointed members to the Senate for life.
The constitution was modified by the French Senate on 7 November 1852, allowing the re-establishment of the Empire and making the crown hereditary in Louis-Napoleon and his family. This modification was approved in a rigged plebiscite, with 97% voting in favour. The Second Empire was proclaimed on 2 December 1852, and the Imperial Constitution was enacted on 25 December 1852, with no significant changes to the 14 January constitution.
The Constitution of 1852 reflected Napoleon's belief that democracy needed to be embodied in a single individual, marking a return to the democratic Caesarism of his uncle, Napoleon Bonaparte. It centralised power in the hands of the president, who could initiate, sign, or veto any legislation or senate decree ("senatus-consulte"). The two parliamentary assemblies had limited powers, and the election of deputies was manipulated through gerrymandering and the system of "official candidates" to favour the president's partisans.
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Frequently asked questions
The Constitution of the Year VIII was a national constitution of France, also known as the Constitution of 1799, which established the form of government known as the Consulate. This constitution was tailor-made to give Napoleon most of the powers of a dictator.
Napoleon amended the Constitution of the Year VIII by making himself First Consul for life under the Constitution of the Year X.
Yes, Napoleon amended the Constitution of the Year XII, which established the House of Bonaparte as France's imperial dynasty, with the Additional Act (also known as the Charter of 1815) after he returned from exile on Elba. He also amended the Constitution of 1852, which further strengthened his power.
