Eleanor Finch
The French Revolution, a period of radical social and political upheaval, witnessed the emergence of several constitutions that redefined the nation's political landscape. The Revolutionary Era saw the creation of numerous foundational texts, aiming to establish a new social contract and reshape the relationship between the people and their government. The constitutions of this era reflect the tumultuous nature of the times, with experiments in different political ideologies and the emergence of new concepts such as popular sovereignty and constitutional monarchy. The French Revolution's impact on constitutionalism and its legacy in shaping modern France is undeniable, as the country continues to evolve and redefine its political identity.
| Characteristics | Values |
|---|---|
| Number of Constitutions written during the French Revolution | 6 |
| First Constitution | Constitution of 1791 |
| First Constitution's Duration | Less than a year |
| First Constitution's Characteristics | Established a parliamentary monarchy; retained the monarchy; sovereignty resided in the Legislative Assembly; restricted franchise to "active" male citizens over a certain age who paid taxes; about two-thirds of adult men had the right to vote for electors and to choose certain local officials directly; not considered egalitarian by today's standards |
| First Constitution's Drafting Process | Drafted by the National Assembly; two Constitutional Committees were formed; a Committee of Revisions was struck in September 1790 to distinguish between decrees and statutes; influenced by the doctrine of natural right |
| Subsequent Constitutions | Constitution of the Year I (never implemented); Constitution of the Year III; Constitution of the Year VIII; Constitution of the Year X; Constitution of the Year XII |
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What You'll Learn
Constitution of 1791
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, with one of the basic precepts of the French Revolution being the adoption of constitutionality and the establishment of popular sovereignty.
The Constitution of 1791 was created by the National Assembly, which began the process of drafting the constitution as its primary objective following the Tennis Court Oath. The Assembly believed in a sovereign nation and in equal representation, which is reflected in the constitutional separation of powers. 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. Active citizens were defined as those over the age of 25 who paid direct taxes equal to three days's labour. On the other hand, passive citizens, who only had civil rights, were the poorer citizens. Women lacked liberties such as the freedom to speak, write, print, and worship.
The constitution established a parliamentary monarchy, redefining the organisation of the French government, citizenship, and the limits of the government's powers. The National Assembly set out to represent the interests of the general will, abolishing institutions that were considered injurious to liberty and equality of rights. The Assembly also asserted its legal presence in the French government by establishing its permanence in the Constitution and forming a system for recurring elections.
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 and an absolute veto for the king, but these motions were defeated in favour of a unicameral legislature and a suspensive veto for the king, which could be overridden by three consecutive legislatures. The Assembly believed that allowing the king a suspensive veto would balance out the interests of the people, as they were afraid that if only representatives governed France, it would be ruled by the representatives' self-interest.
The Constitution of 1791 lasted less than a year, and was reluctantly accepted by King Louis XVI in September 1791.
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Constitution of the Year I
The French Revolution, a period of far-reaching social and political upheaval, witnessed the creation of several constitutions that reshaped the nation's political landscape. One notable constitution during this tumultuous era was the "Constitution of the Year I", which stands out for its ambitious vision but unfortunate fate. Drafted on June 21, 1793, it was intended to establish a new political order, yet it never came into force.
The "Constitution of the Year I" emerged against the backdrop of the French Revolution, which spanned from 1789 to 1799 and witnessed the fall of the monarchy and the rise of new political forces. This particular constitution reflected the ideals and aspirations of the revolutionary period, seeking to redefine the relationship between the state and its citizens. It was crafted during a time of intense political ferment, as various factions vied for influence and control over the future direction of the nation.
This constitution was a product of the National Convention, a pivotal governing body during the French Revolution. The National Convention, an elected assembly of representatives, played a pivotal role in shaping the course of the Revolution. It was dominated by Jacobins, who advocated for a strong central government and the expansion of political rights. The "Constitution of the Year I" reflected their vision for a more democratic and egalitarian society.
The contents of the "Constitution of the Year I" espoused democratic principles and sought to empower the people. It envisioned a more democratic political system, granting universal male suffrage and expanding political rights to a broader segment of the male population. This marked a significant departure from the restricted franchise of the previous Constitution of 1791, which limited voting rights to "active" citizens who paid a minimal sum in taxes.
However, despite its progressive ideals, the "Constitution of the Year I" faced significant obstacles and ultimately never came into effect. The political instability and violence that plagued the Revolution hindered its implementation. Additionally, the rise of Maximilien Robespierre and the Reign of Terror further destabilized the country, leading to a shift in priorities away from constitutional reform.
The "Constitution of the Year I" stands as a testament to the aspirations of the French Revolution, even if it was never fully realized. It reflected the desire for a more democratic and inclusive political system, shaping the trajectory of political thought in France. Subsequent constitutions, such as the Constitution of the Year III and the Constitution of the Year VIII, built upon these ideals, solidifying the move towards a more representative form of government in France.
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Constitution of the Year III
During the French Revolution, the Kingdom of France, under the Ancien Régime, was an absolute monarchy with no formal constitution. However, the Revolutionary Era saw the creation of several constitutions, including the Constitution of the Year III.
The Constitution of the Year III, also known as the Constitution de l'an III in French, was established on 5 Fructidor Year III (22 August 1795) and approved by plebiscite on 6 September. It was the constitution of the French First Republic, and it established the Executive Directory, a five-man Directory chosen by lot each year that constituted the executive branch. The Directory was given extensive powers, including the authority to appoint the collector of direct taxes in each department and the superintendents-in-chief for the administration of indirect taxes and national domains. The Directory also retained emergency powers to curb freedom of the press and freedom of association.
The Constitution of the Year III was drafted by a commission composed of 11 members, including Boissy d'Anglas, future Second Consul Cambacérès, Daunou, Merlin de Douai, and the Abbé Sieyès. It replaced the radically democratic French Constitution of 1793, which was never implemented. The new constitution was intended to be more liberal, moderate, and favourable to the bourgeoisie. It established a bicameral legislature, with an upper body known as the Council of Ancients and a lower house, or Council of 500, to slow down the legislative process.
The Constitution of the Year III also included a Declaration of Rights and Duties of Mankind, which explicitly banned slavery. It guaranteed the inviolability of property and provided for the compensation of inventors or the maintenance of the exclusive ownership of their discoveries. The Constitution also detailed the new territory of the French Republic, which was composed of 89 departments. The status of citizen was granted to men aged 21 and above who were born and lived in France, registered with the civil register, and paid taxes.
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Constitution of the Year VIII
The French Revolution, which began in 1789, saw a number of constitutions written as the country experimented with different political regime types. One of these was the Constitution of the Year VIII, also known as the Constitution of 1799. This constitution was written during the French Revolutionary Calendar's Year VIII, which ran from 22 September 1799 to 21 September 1800, and it was adopted on 24 December 1799.
The Constitution of the Year VIII established a legislature of three houses: the Conservative Senate, the Tribunate, and the Legislative Body (Corps législatif). The Senate was made up of 80 men over the age of 40, the Tribunate of 100 men over 25, and the Legislative Body of 300 men over 30. The people in each district chose a slate of "notables" by popular vote, and from these, the First Consul, the Tribunate, and the Corps Législatif each nominated one Senatorial candidate, with the Senate choosing the final candidate. The Senate then appointed the Tribunate, the Corps Législatif, the judges of cassation, and the commissioners of accounts from the National List of notables.
The Constitution of the Year VIII also established a new form of government known as the Consulate. It tailor-made the position of First Consul to give Napoleon Bonaparte most of the powers of a dictator, with all actual power held by the First Consul, despite the presence of three Consuls in total. This constitution was the first since the Revolution of 1789 that did not include a Declaration of Rights, and it allowed Napoleon to exercise personal power while maintaining the appearance of a republic and democracy.
The new government under the Constitution of the Year VIII was composed of three parliamentary assemblies. The Council of State (Conseil d'État) drafted bills, the Tribunate debated them but could not vote, and the Legislative Assembly (Corps législatif) could not discuss the bills but could only vote on them after reviewing the debate record. The Conservative Senate was a governmental body equal to the three legislative assemblies, but it served more of an executive function as it advised the First Consul directly.
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Constitution of the Year X
The French Revolution, a period of far-reaching social and political upheaval, witnessed the creation of several constitutions that shaped the country's trajectory. One of these foundational texts was the Constitution of the Year X, adopted in 1802. This constitution stands out for its role in solidifying Napoleon Bonaparte's grip on power.
Prior to the French Revolution, the Kingdom of France operated as an absolute monarchy under the Ancien Régime, devoid of a formal constitution. The Revolution, however, ushered in a period of experimentation with various political ideologies and regime types. The Constitution of 1791, for instance, established a parliamentary monarchy, retaining the monarchy while vesting sovereignty in the Legislative Assembly.
The Constitution of the Year X emerged during the Consulate and built upon the Constitution of the Year VIII, which had established this Consulate. The Year X constitution significantly enhanced Napoleon Bonaparte's power, designating him as the "First Consul for Life". This effectively cemented his position as the dictator of the French First Republic.
The Constitution of the Year X, while short-lived, exemplifies the fluidity of political power during the post-revolutionary era. It underscores the ongoing evolution of France's constitutional landscape, reflecting the country's search for a stable and effective system of governance in the wake of revolutionary change. This constitution, like others that preceded and succeeded it, played a pivotal role in shaping the nation's political trajectory and the consolidation of power.
The legacy of the Constitution of the Year X extended beyond its immediate impact on Napoleon's ascendancy. It set a precedent for the concentration of power in a single individual, a trend that would continue with the establishment of the First French Empire in 1804, when Napoleon crowned himself emperor. The constitution's influence on the balance of power between the executive and legislative branches also left an enduring mark on France's political development.
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