Isabella Carter
The French Constitution has undergone several iterations since the French Revolution, reflecting the country's dynamic political history. The first written constitution, created in 1791, was a significant milestone, establishing popular sovereignty and constitutionality. This constitution, with its Declaration of the Rights of Man and of the Citizen, set the foundation for subsequent versions. The current French Constitution, known as the Constitution of the Fifth Republic, was adopted in 1958 and has been amended multiple times, reflecting the country's evolving principles and values. The journey of the French Constitution is a testament to the nation's commitment to shaping and reshaping its governing principles to align with the needs and ideals of its people.
| Characteristics | Values |
|---|---|
| Date of adoption of the current French Constitution | 4 October 1958 |
| Colloquial name | Constitution of the Fifth Republic |
| Date of adoption of the previous French Constitution | 1946 |
| Number of amendments to the current French Constitution | 25 |
| Year of the most recent amendment to the current French Constitution | 2024 |
| Core principles of the French state | Separation of church and state, democracy, social welfare, indivisibility |
| Driving force behind the introduction of the current French Constitution | Charles de Gaulle |
| Writer of the current French Constitution | Michel Debré |
| Number of justices in the Constitutional Council | 9 |
| Date of adoption of the French Constitution of 1791 | 3 September 1791 |
| Date of adoption of the Declaration of the Rights of Man and of the Citizen | 26 August 1789 |
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What You'll Learn
- The French Constitution of 1791 was the first written constitution in France
- The National Assembly, formed of representatives of the French people, drafted the constitution
- The Declaration of the Rights of Man and of the Citizen, ratified in 1789, served as its preamble
- The constitution was reluctantly accepted by King Louis XVI in September 1791
- The current French Constitution, adopted in 1958, is called the Constitution of the Fifth Republic
The French Constitution of 1791 was the first written constitution in France
The French Constitution of 1791, formally 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, marking a significant shift towards constitutionality and popular sovereignty in the country. The National Assembly, both a legislature and a constitutional convention, took on the task of drafting this groundbreaking document as its primary objective.
One of the fundamental principles of the French Revolution was the adoption of constitutionality and the establishment of popular sovereignty. The National Assembly's efforts culminated in the creation of the Declaration of the Rights of Man and of the Citizen on 26 August 1789, which laid the groundwork for the constitution. This declaration offered sweeping statements about rights, liberty, and sovereignty, setting the tone for the upcoming constitution.
The process of drafting the constitution involved several committees, including the Constitutional Committee, which had twelve members and was tasked with drafting the articles of the constitution. The committee included notable figures such as Talleyrand, Abbé Sieyès, and Le Chapelier. One of the main controversies during the drafting process was determining the level of power granted to the king, with options ranging from veto, suspensive, or absolute authority. Another controversy surrounded the issue of citizenship and whether all subjects of the French Crown would be granted equal rights or if there would be restrictions.
The final constitution, reluctantly accepted by King Louis XVI in September 1791, redefined the organisation of the French government, citizenship, and the limits of governmental powers. It abolished feudal geographic divisions and introduced administrative units known as "Départements". The constitution also established a system of recurring elections and separated powers between the legislative, executive, and judiciary branches. However, it is important to note that the constitution fell short of modern egalitarian standards, as it distinguished between propertied active citizens and poorer passive citizens, and women lacked liberties and rights to education, freedom of speech, and worship.
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The National Assembly, formed of representatives of the French people, drafted the constitution
The French Constitution of 1791 was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, formed of representatives of the French people, drafted the constitution. The Assembly was both a legislature and a constitutional convention, and its primary objective was to draft a constitution.
The process of drafting the constitution was not without its challenges. The Assembly, as constitution-framers, had to navigate the power dynamics between the king and the representatives of the people. They wanted to ensure that France would not be ruled solely by the self-interest of representatives. Therefore, they allowed the king to have a suspensive veto to balance the interests of the people. However, this representative democracy also weakened the king's executive authority.
Another key controversy faced by the Assembly was the issue of citizenship. The Declaration of Rights of Man and Citizen seemed to promise equal rights to all subjects of the French Crown. However, the Assembly had to grapple with whether there would be restrictions on citizenship. Ultimately, they made a distinction between active citizens (over 25 years old and paying direct taxes) with political rights, and passive citizens with fewer rights.
The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, served as the preamble to the constitution. This declaration set out sweeping generalizations about rights, liberty, and sovereignty. It was voted on article by article and affirmed the principles of freedom, ownership, security, resistance to oppression, equality before the law, and the separation of powers.
The current Constitution of France was adopted on 4 October 1958 and is known as the Constitution of the Fifth Republic. It regards the separation of church and state, democracy, social welfare, and indivisibility as core principles. The constitution has been amended twenty-five times, most recently in 2024.
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The Declaration of the Rights of Man and of the Citizen, ratified in 1789, served as its preamble
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, ratified in 1789, served as its preamble. The Declaration was a core statement of the values of the French Revolution and had a significant impact on the development of popular conceptions of individual liberty and democracy in Europe and beyond.
The Declaration of the Rights of Man and of the Citizen was drafted by the Marquis de Lafayette with assistance from Thomas Jefferson, and the majority of the final draft came from Abbé Sieyès. It was voted on article by article between 20 and 26 August 1789 and was ratified on 5 October by King Louis XVI under pressure from the Assembly and the people who had rushed to Versailles. The Declaration set out the "natural and inalienable" rights of freedom, ownership, security, and resistance to oppression. It recognised equality before the law and the justice system and affirmed the principle of separation of powers.
The Declaration was initially conceived as a starting point and an aspirational vision for the French Constitution of 1791. It was attached as a preamble to the 1791 Constitution and that of the French Third Republic from 1870 to 1940. The Declaration was later incorporated into the current Constitution of France, which was adopted in 1958. The preamble of the current constitution recalls the Declaration of the Rights of Man and of the Citizen and establishes France as a secular and democratic country, deriving its sovereignty from the people.
The French Constitution of 1791 was drafted by the National Assembly, which was both a legislature and a constitutional convention. The Assembly faced controversies regarding the level of power to be granted to the king and the form of the legislature. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a single house. The king was allowed a suspensive veto to balance the interests of the people and curb the potential self-interest of representatives. The 1791 Constitution was not egalitarian by today's standards, as it distinguished between active citizens (propertied men over 25) and passive citizens (women, the poor, servants, etc.), who lacked political rights.
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The constitution was reluctantly accepted by King Louis XVI in September 1791
The French Constitution of 1791 was the country's first written constitution, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, which was both a legislature and a constitutional convention, began the process of drafting the constitution as its primary objective. The Assembly's belief in a sovereign nation and in equal representation was reflected in the constitutional separation of powers. The 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 new constitution redefined the organization of the French government, citizenship, and the limits of governmental powers. It abolished many institutions that were considered injurious to liberty and equality of rights, such as the previous feudal geographic divisions, which were replaced by administrative units known as Departments. The constitution also addressed the controversial issue of citizenship, distinguishing between active citizens (male property owners over a certain age) and passive citizens, with women lacking rights and liberties, including education, freedom of speech, and worship.
The constitution granted the king a suspensive veto to balance the interests of the people, but this also weakened his executive authority. The main controversies during the drafting process centred on the level of power to be granted to the king and the structure of the legislature. The Constitutional Committee initially proposed a bicameral legislature and an absolute veto for the king, but both motions were defeated in favour of a unicameral legislature and a suspensive veto that could be overridden by three consecutive legislatures.
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The current French Constitution, adopted in 1958, is called the Constitution of the Fifth Republic
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on October 4, 1958. It is the fifteenth constitution in the long constitutional history of France, replacing the Constitution of the Fourth Republic of 1946. The constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. It defines France as an indivisible, secular, democratic, and social republic, based on the principle of "government of the people, by the people, and for the people," and the maxim "liberty, equality, fraternity."
The Constitution of the Fifth Republic was drafted by Michel Debré and introduced by Charles de Gaulle, who aimed to strengthen executive power and stabilize the government, making it more difficult for the Assembly to overthrow. The new constitution granted the President specific powers, which can be exercised without countersignature, enabling the President to resolve crises using direct democratic methods, such as referendums, and providing emergency powers to deal with serious crises. The Constitution also establishes the legislative, executive, and judicial branches of state power.
The Constitution of the Fifth Republic has been amended twenty-five times since its adoption, most recently in 2024. The methods for its own amendment are outlined in the Constitution and include a referendum or a parliamentary process with presidential consent. The normal procedure for constitutional amendment is that the amendment must be adopted in identical terms by both houses of Parliament and then must be adopted by a simple majority in a referendum.
The Constitution of the Fifth Republic also includes provisions for the protection of the rights of French citizens. It recalls the Declaration of the Rights of Man and of the Citizen from 1789, as well as the 1946 constitutional preamble, and establishes the freedom of religion and the right to access free public services as fundamental principles. The Constitution also addresses the role of the President of the Republic, stating that the President shall not be required to testify before any French Court of law or administrative authority during their term of office and can only be removed from office for a breach of duties patently incompatible with their position.
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Frequently asked questions
There have been five French constitutions: the Constitution of 1791, the Constitution of 1852, the Constitution of 1946, the Constitution of 1958, and the current Constitution of the Fifth Republic, which has been amended 25 times, most recently in 2024.
The French Constitution of 1791 was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime and was ratified by King Louis XVI in September 1791.
The most recent amendment to the current French Constitution was in 2024.
The current French Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
The French Constitution has an amending formula outlined in Article 89. A constitutional bill must first be approved by both houses of Parliament, and then either approved by Congress or submitted to a referendum.
