Omar Bennett
The French Constitution of 1791 was the country's first written constitution, establishing a parliamentary monarchy. It was created after the collapse of the absolute monarchy of the Ancien Régime and was reluctantly accepted by King Louis XVI in September 1791. The constitution set out to redefine the organisation of the French government, citizenship, and the limits of governmental powers. It abolished many institutions that were deemed harmful to liberty and equality of rights. However, the constitutional monarchy proved unworkable, and France was declared a republic in September 1792. Since then, France has had numerous constitutions and amendments, with the current constitution, adopted in 1958, establishing the Fifth Republic.
| Characteristics | Values |
|---|---|
| First written constitution in France | 1791 |
| Established | 3 September 1791 |
| Type of government | Parliamentary monarchy |
| Current constitution | 1958 |
| Current constitution adopted | 4 October 1958 |
| Current constitution approved by the people | 28 September 1958 |
| Current constitution amended | 25 times |
| Current constitution most recently amended | 2024 |
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What You'll Learn
The French Constitution of 1791
The Constitution of 1791 established the Kingdom of the French and was revolutionary in its content. It abolished the nobility of France and declared all men equal before the law. It amended Louis XVI's title from 'King of France' to 'King of the French', implying 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 veto legislation that he did not approve of, and retained the right to form a cabinet and appoint ministers. The Legislative Assembly was elected by a system of indirect voting, and sovereignty effectively resided in this assembly. 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 main controversies surrounding the constitution early on were the level of power to be granted to the king and the form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a single house. The committee also 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. The Assembly was afraid that if only representatives governed France, it would be ruled by the representatives' self-interest; therefore, the king was allowed a suspensive veto to balance out the interests of the people.
By the time the constitution was adopted in the autumn of 1791, it was already outdated, overtaken by the events of the revolution and growing political radicalism. The onset of war and the threat of the revolution's collapse led to increasing influence of radicals such as Robespierre, Danton, Marat, and the Paris Commune. When the king used his veto powers to protect non-juring priests and refused to raise militias in defence of the revolutionary government, the constitutional monarchy proved unworkable. The Legislative Assembly suspended the constitutional monarchy on 11 August 1792, and the newly elected National Convention abolished the monarchy on 21 September 1792, ending 203 years of consecutive Bourbon rule over France.
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The National Assembly
The French Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. The National Assembly was formed in June 1789 when the representatives of the Third Estate broke away and reconstituted themselves as a National Assembly. 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 two other branches.
The constitution established by the National Assembly was short-lived, remaining in force for about a year. With the onset of war and the threat of the revolution's collapse, the constitutional monarchy proved unworkable. The king's use of his veto powers to protect non-juring priests and his refusal to raise militias in defence of the revolutionary government further contributed to the instability. A National Convention was called, and France was declared a republic on 22 September 1792.
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The Declaration of the Rights of Man and Citizen
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 Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution. The declaration emerged largely from the ideals of the Enlightenment and was inspired by the American Declaration of Independence in 1776. The original version of the declaration was discussed by the representatives based on a 24-article draft proposed by the sixth bureau, led by Jérôme Champion de Cicé. The last article of the declaration was adopted by the National Constituent Assembly during the French Revolution.
The declaration also recognized the natural and imprescriptible rights of man, which included liberty, property, security, and resistance to oppression. It defined liberty as the freedom to do everything that does not harm others, thus ensuring that the exercise of natural rights does not infringe on the enjoyment of the same rights by other members of society. It established the principle of sovereignty residing in the nation, stating that no individual or body may exercise authority that does not emanate from the nation.
The declaration also addressed the role of public military forces, stating that they are established for the good of all citizens rather than personal advantage. It affirmed the right of citizens to participate in the legislative process and have a say in public contributions and taxation. Additionally, it emphasized the importance of free communication and the expression of ideas and opinions, considering it one of the most precious rights of man. The declaration also outlined punishments for those who carry out arbitrary orders and emphasized the presumption of innocence until proven guilty.
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The Fifth Republic
The current constitution of France, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It was approved by the people in a referendum on 28 September 1958 and officially came into force on 4 October that year. The Fifth Republic replaced the Constitution of the Fourth Republic of 1946, except for its preamble, per a 1971 decision of the Constitutional Council.
The Constitution of the Fifth Republic regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. It also sets out methods for its own amendment, which can be done through a referendum or a parliamentary process with presidential consent.
The establishment of the Constitutional Council, composed of nine justices, is considered one of the cornerstones of the Fifth Republic. However, under de Gaulle's presidency, the Council had limited power and was only decisive when it upheld a popular referendum to streamline the popular presidential election. Following de Gaulle's resignation in 1969, the Council assumed greater judicial power and discretion, particularly during the political crisis that ensued.
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The current constitution
The French Constitution has undergone numerous changes and experiments with various political regime types since the French Revolution. The Revolution, which began with the Estates General of 1789 and culminated in the Coup of 18 Brumaire on 9 November 1799, ushered in a period of political and societal transformation. The Revolution's ideals are considered fundamental principles of liberal democracy, and its values remain central to modern French political discourse. The Revolution also witnessed the abolition of feudalism, state control over the Catholic Church, and the declaration of the Rights of Man and Citizen, which laid the foundation for the country's constitutional development.
The first written constitution of France, created after the collapse of the absolute monarchy of the Ancien Régime, was the Constitution of 1791. This constitution established a parliamentary monarchy and was the result of long negotiations. It was reluctantly accepted by King Louis XVI in September 1791. However, with the onset of war and the threat of the revolution's collapse, republican conceptions gained popularity, and the constitutional monarchy proved unworkable. The National Convention, the first assembly elected by universal male suffrage, declared France a republic on 22 September 1792.
Following the Constitution of 1791, France experienced several constitutional changes during the Revolutionary Era, including the Constitution of the Year I (1793), which was never implemented, the Constitution of the Year III (1795), the Constitution of the Year VIII (1799), the Constitution of the Year X (1802), and the Constitution of the Year XII (1804). These constitutions instituted different political regimes, such as the Directory, the Consulate, and the First Empire. The country also witnessed the establishment of the Bourbon Restoration with the Charter of 1814, the Charter of 1815, and the July Monarchy with the Charter of 1830. The Constitution of 1848 established the Second Republic.
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Frequently asked questions
The 1791 French Constitution was in force until 21 June 1793, when it was replaced by the Constitution of the Year I, which was never implemented. The 1791 Constitution was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime.
The Constitution of the Year I, adopted on 21 June 1793, was never implemented.
The Constitution of the Year III, also known as the Constitution of 1795, was in force from 28 July 1795 until 13 December 1799, when it was replaced by the Constitution of the Year VIII.
The 1958 French Constitution, also known as the Constitution of the Fifth Republic, has been in force since 4 October 1958. It is the current constitution of France and has been amended twenty-five times, most recently in 2024.
