Malcolm Rivera
The French Revolution saw the creation of several constitutions, with the current constitution, established in 1958, being the constitution of the Fifth Republic. The Revolutionary Era witnessed numerous constitutional changes, including the Constitution of 1791, which established a parliamentary monarchy, the Constitution of the Year I, which was never implemented, and the Constitution of the Year III, which brought about the Directory. The Kingdom of France, under the Ancien Régime, was an absolute monarchy without a formal constitution, relying primarily on custom and fundamental laws that governed crown inheritance. The French constitutional landscape has evolved significantly since the Revolution, experimenting with various political regimes, such as the National Convention and the Vichy regime.
| Characteristics | Values |
|---|---|
| Number of Constitutions during the French Revolution | 7 |
| First Constitution | Constitution of 1791 |
| Second Constitution | Constitution of the Year I (never implemented) |
| Third Constitution | Constitution of the Year III |
| Fourth Constitution | Constitution of the Year VIII |
| Fifth Constitution | Constitution of the Year X |
| Sixth Constitution | Constitution of the Year XII |
| Seventh Constitution | Charter of 1814 |
| Current Constitution | Constitution of 1958 |
| Current Republic | Fifth Republic |
| Core Principles | Separation of church and state, democracy, social welfare, indivisibility |
| Amendment Methods | Referendum (Article 11) or parliamentary process with presidential consent |
| Amendment Procedure | Identical adoption by both houses, followed by a simple majority referendum or three-fifths supermajority of French Congress (Article 89) |
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What You'll Learn
Constitution of 1791
France had several constitutions during the French Revolution, including the Constitution of 1791, which established a parliamentary monarchy. This was France's first written constitution, created after the collapse of the absolute monarchy of the Ancien Régime.
The Constitution of 1791 was the result of long negotiations and was reluctantly accepted by King Louis XVI in September of that year. It redefined the organisation of the French government, citizenship, and the limits of governmental powers. The National Assembly, which drafted the constitution, asserted its legal presence in the French government by establishing its permanence in the Constitution 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 legislative body was the National Assembly, the executive branch was made up of the king and royal ministers, and the judiciary was independent of the other two branches.
The greatest controversy faced by the committee that drafted the constitution was the issue of citizenship. The committee had to decide whether every subject of the French Crown would be given equal rights, as the Declaration of Rights of Man and Citizen seemed to promise, or whether there would be restrictions. Ultimately, a distinction was made between "active citizens" and "passive citizens". Active citizens, who were over the age of 25 and paid direct taxes equal to three days' labour, had political rights, while passive citizens had only civil rights. This conclusion was intolerable to radical deputies such as Maximilien Robespierre, who could never be reconciled to the Constitution of 1791.
Another key controversy surrounded the level of power to be granted to the king. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral system. The committee then proposed an absolute veto for the king, but this was also defeated, and a suspensive veto was adopted instead, which could be overridden by three consecutive legislatures.
The Constitution of 1791 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, meaning that about two-thirds of adult men had the right to vote for electors and choose certain local officials directly. The constitution lasted less than a year.
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Constitution of the Year I
The French Revolution, a period of far-reaching social and political upheaval in France from 1789 until 1799, witnessed the adoption of several constitutions. One of these was the Constitution of the Year I, formulated on 21 June 1793. However, this constitution was never implemented.
The Constitution of the Year I was drafted during the height of the French Revolution, a period marked by profound political, social, and economic transformations in France. The overthrow of the monarchy and the establishment of a republic in September 1792 set the stage for a new constitutional order.
This particular constitution was formulated by the National Convention, the first governing body of the French Republic. The National Convention was elected by universal male suffrage and was tasked with drafting a new constitution that would reflect the ideals of the Revolution.
The Constitution of the Year I embodied the principles of popular sovereignty, democracy, and social equality that had driven the Revolution forward. It enshrined fundamental rights and liberties, including freedom of speech, press, and assembly, and proclaimed the equality of all citizens before the law. It also affirmed the separation of powers between the legislative, executive, and judicial branches of government.
One of the most distinctive features of the Constitution of the Year I was its commitment to direct democracy. It envisaged a strong role for the people in governing the nation, with provisions for regular referendums and direct elections to hold public officials accountable. This reflected the spirit of the Revolution, where popular participation and grassroots political activism played a pivotal role.
However, the Constitution of the Year I never came into force due to the tumultuous political climate of the time. The period following the monarchy's collapse was marked by intense political rivalries, social unrest, and the rise of radical factions. The Jacobins, led by Maximilien Robespierre, consolidated power and established the Reign of Terror, during which the implementation of a new constitution was likely deemed impractical or overshadowed by more immediate political concerns.
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Constitution of the Year III
France had several constitutions during the French Revolution, including the Constitution of 1791, the Constitution of the Year I, the Constitution of the Year III, the Constitution of the Year VIII, the Constitution of the Year X, and the Constitution of the Year XII. This response will focus on the Constitution of the Year III.
The Constitution of the Year III, also known as the Constitution de l'an III in French, was adopted by the convention on 5 Fructidor Year III (22 August 1795) and approved by plebiscite on 6 September. It established the French First Republic and the Directory, a bicameral legislature with an upper body called the Council of Ancients and a lower house called the Council of 500. The Directory consisted of five Directors who were chosen by lot each year and held executive power. The Constitution of the Year III was more conservative than the radically democratic French Constitution of 1793, which was never implemented.
The Constitution of the Year III was largely the work of political theorist Pierre Daunou. It was intended to be more liberal, moderate, and favourable to the bourgeoisie than the Constitution of the First Year. The Thermidorians, who drafted the Constitution of Year III, retained the Republic but re-established a two-tier census suffrage out of distrust of universal suffrage. The new territory of the French Republic is detailed in the first of the three Titles (Titres) of the Constitution of the Year III, "Division of the Territory".
The Constitution of the Year III included a Declaration of Rights and Duties of Mankind, which explicitly banned slavery. It also guaranteed the inviolability of property and provided for the compensation of inventors. The Constitution prohibited political gatherings of any sort and prevented the formation of national political parties. It remained in effect until the coup of 18 Brumaire (9 November 1799), which ended the Revolutionary period and marked the rise to power of Napoleon Bonaparte.
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Constitution of the Year VIII
The Constitution of the Year VIII, also known as the Constitution de l'an VIII, was a national constitution of France. It was adopted on 24 December 1799, during the Year VIII of the French Republican Calendar, and established the form of government known as the Consulate. This constitution was crafted after Napoleon Bonaparte's coup d'état on 9 November 1799, which effectively gave him all power and, in the eyes of some, ended the French Revolution.
The Constitution of the Year VIII was composed in 11 days, principally by Pierre Claude François Daunou, a liberal republican hostile to Jacobinism. It was originally devised by Sieyès to give Napoleon a minor role, but it was rewritten by Napoleon and accepted by direct popular vote. The constitution was approved in a plebiscite, with 99.94% officially listed as voting "yes".
The Constitution of the Year VIII established a legislature of three houses: the Conservative Senate, the Tribunate, and the Legislative Body (Corps législatif). The Conservative Senate consisted of 80 men over the age of 40, the Tribunate comprised 100 men over the age of 25, and the Legislative Body was made up of 300 men over the age of 30. The people in each district chose a slate of "notables" by popular vote. The term "notables" referred to prominent, "distinguished" men, including landholders, merchants, scholars, professionals, clergymen, and officials.
The Constitution of the Year VIII tailor-made the position of First Consul to give Napoleon most of the powers of a dictator. It preserved the appearance of a republic but, in reality, established a dictatorship. This constitution was the first since the Revolution that did not include a Declaration of Rights, although it did affirm certain rights, such as the inviolability of the home, personal safety, and the right to petition. It established universal masculine suffrage, but the electoral system did not allow citizens to elect their representatives directly. Instead, citizens were limited to creating "Lists of Confidence (or notability)", from which members of the Assemblies, consuls, and functionaries were named or elected by the government or the Senate.
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The current French constitution
The French Revolution was a period of great political upheaval, during which France shifted from an absolute monarchy to an experimental assembly regime. This period saw the rise and fall of many constitutions, each reflecting the political ideals of its time. The current French constitution, also known as the Fifth Republic, was established in 1958 and has been modified 17 times since. This constitution defines the governing bodies and institutions of France, outlining a semi-presidential system of governance.
The Fifth Republic was shaped by the efforts of France's first president, General De Gaulle, and its first prime minister, Michel Debre. It was approved by the people in a referendum on 28 September 1958 and officially came into force on 4 October 1958. This constitution has been amended several times to adapt to the evolving needs of French society.
The French Parliament is bicameral, consisting of two chambers: the Assemblee Nationale (National Assembly) and the Senate. The Assemblee Nationale is the primary house, with members known as deputies who are elected through universal adult suffrage. In contrast, senators are elected through indirect elections by other locally elected representatives.
The executive branch in France holds significant power and includes the president, prime minister, and council of ministers. The judiciary, on the other hand, operates as an independent branch, ensuring a balance of powers within the government.
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Frequently asked questions
France had one constitution during the French Revolution—the Constitution of 1791.
The Constitution of 1791 was created by the National Assembly during the French Revolution. It retained the monarchy, but sovereignty resided in the Legislative Assembly, which was elected by a system of indirect voting.
Yes, there were several. The Constitution of the Year I, for instance, was created in 1793 but never implemented. The Constitution of the Year III was established in 1795, and the Constitution of the Year VIII in 1799. France's current constitution, the Constitution of the Fifth Republic, was adopted in 1958.
The current French Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
