Eleanor Finch
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It was drafted by a committee of the National Assembly, a group of moderates inspired by Enlightenment theories and foreign political systems, who aimed to create a better form of royal government. The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of government, with sovereignty effectively residing in the Legislative Assembly.
| Characteristics | Values |
|---|---|
| First written constitution in France | Established popular sovereignty |
| Inspired by | Enlightenment theories and foreign political systems |
| Drafted by | Committee of the National Assembly |
| Maintained | Monarchy |
| Sovereign power | Resided in the Legislative Assembly |
| Voting rights | Restricted to "active" citizens |
| Legislative body | National Assembly |
| Executive branch | King and royal ministers |
| Judiciary | Independent of the other two branches |
| Feudal geographic divisions | Abolished |
| King's title | Amended to "King of the French" |
| Citizen classification | Active and passive citizens |
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What You'll Learn
Established a constitutional monarchy
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It established a constitutional monarchy, with sovereignty effectively residing 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, amounting to about two-thirds of adult men, who had the right to vote for electors and choose certain local officials directly.
The constitution 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 form a cabinet and select and appoint ministers, and was granted a suspensive veto to balance the interests of the people. However, the constitution did not grant universal rights to all subjects of the French Crown, as the Declaration of Rights of Man and Citizen seemed to promise. Instead, it distinguished between active citizens (male property owners of a certain age) with political rights, and passive citizens with only civil rights.
The National Assembly, which was the legislative body, 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 in equal representation was reflected in the constitutional separation of powers, with the king and royal ministers making up the executive branch, and the judiciary independent of the other two branches.
Despite the establishment of this constitutional monarchy, the system proved unworkable when the king used his veto powers to protect non-juring priests and refused to raise militias in defence of the revolutionary government. This eventually led to the 10 August Insurrection and the end of the monarchy, with a National Convention declaring France a republic on 22 September 1792.
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Redefined the French government
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It redefined the French government in several ways.
Firstly, it redefined the organisation of the government by establishing the National Assembly as the legislative body, the king and royal ministers as the executive branch, and the judiciary as independent of the other two branches. This constitutional separation of powers was a reflection of the Assembly's belief in a sovereign nation and equal representation. The National Assembly also asserted its legal presence in the French government by establishing its permanence in the Constitution and forming a system for recurring elections.
Secondly, the Constitution abolished the previous feudal geographic divisions and divided the territory of the French state into several administrative units based on the principle of centralism. This was a significant change as it removed the local power structures that had characterised the previous system.
Thirdly, the Constitution redefined the role of the king. While the monarchy was retained, sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The king's title was amended from 'King of France' to 'King of the French', implying that his power emanated from the people and the law, not from divine right or national sovereignty. The king was granted a reduced civil list and retained some executive powers, including the right to form a cabinet and appoint ministers and a suspensive veto that could be overridden by three consecutive legislatures.
Finally, the Constitution redefined citizenship by separating the population into two classes: 'active citizens' and 'passive citizens'. Active citizens were those who were entitled to vote and stand for office, while passive citizens had only civil rights. Active citizens were defined as male property owners over a certain age who paid a minimum sum in taxes. This distinction was unacceptable to radical deputies such as Maximilien Robespierre, who could never be reconciled to the Constitution of 1791.
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Redefined citizenship
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It redefined the organisation of the French government, citizenship, and the limits of the government's powers.
The constitution was drafted by a committee of the National Assembly, a group of moderates who aimed to create a better form of royal government rather than something radically new. The main controversies early on surrounded the issues of what level of power to be granted to the king of France and what form the legislature would take. Another critical question was whether every subject of the French Crown would be given equal rights as the Declaration of Rights of Man and Citizen seemed to promise.
The committee decided to separate the population into two classes: "active citizens" (those entitled to vote and stand for office) and "passive citizens" (those who were not). Active citizens were male property owners over the age of 25 who paid direct taxes equal to three days' labour. They had political rights, while passive citizens only had civil rights. All women were deprived of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship.
The franchise was restricted to "active" citizens who paid a minimal sum in taxes; about two-thirds of adult men had the right to vote for electors and to choose certain local officials directly. The National Assembly's property qualifications were considerably more generous, and they would have extended voting rights to around 4.3 million Frenchmen. However, radicals in the political clubs and sections demanded that voting rights be granted to all men, regardless of earnings or property.
The constitution amended Louis XVI's title from "King of France" to "King of the French". This implied 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 form a cabinet and select and appoint ministers. He was granted a civil list (public funding) of 25 million livres, a reduction of around 20 million livres on his spending before the revolution. The king was allowed a suspensive veto to balance out the interests of the people.
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Limited the powers of government
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It was drafted by a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government rather than something radically new.
The Constitution of 1791 limited the powers of the government in several ways. Firstly, it redefined the organisation of the French government, abolishing many institutions deemed "injurious to liberty and equality of rights". Secondly, it established the National Assembly's legal presence in the French government by enshrining its permanence in the Constitution and instituting a system of recurring elections. Thirdly, it separated powers by designating the National Assembly as the legislative body, the king and royal ministers as the executive branch, and ensuring the judiciary's independence from the other two branches.
The Constitution also formally abolished the previous feudal geographic divisions and divided the territory of the French state into several administrative units based on the principle of centralism. This prevented the concentration of power in any one region or division.
In addition, the Constitution revised the role of the king, amending Louis XVI's title from "King of France" to "King of the French". This implied that the king's power derived from the people and the law, rather than from divine right or national sovereignty. While the king retained certain executive powers, such as the right to form a cabinet and appoint ministers, his veto power was limited to a suspensive veto, which could be overridden by three consecutive legislatures.
The Constitution of 1791 also addressed the issue of citizenship, distinguishing between "active citizens" and "passive citizens". Active citizens, typically male property owners over a certain age, were entitled to political rights, including the right to vote and stand for office. On the other hand, passive citizens only possessed civil rights and did not have the right to vote or hold office.
Overall, the French Constitution of 1791 significantly limited the powers of the government by redefining the organisation of the state, establishing the National Assembly's role, separating powers, abolishing feudal divisions, revising the king's role, and defining citizenship rights.
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Established a legislative assembly
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It was drafted by a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government rather than something radically new.
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, and about two-thirds of adult men had the right to vote for electors and choose certain local officials directly. The Legislative 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 National Assembly, formed by the Third Estate, had the goal of writing a constitution that would become the fundamental law of the nation, defining and limiting the power of the government and protecting the rights of citizens. The Assembly's belief in a sovereign nation and in equal representation can be seen in the constitutional separation of powers.
The main controversies early on surrounded the level of power to be granted to the king of France and the form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral legislature with the king having a suspensive veto. The committee also had to decide who would have the right to vote to elect the government, and eventually, they decided to separate the population into two classes: 'active citizens' (those entitled to vote and stand for office) and 'passive citizens' (those who were not).
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Frequently asked questions
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 main controversies early on were the level of power to be granted to the king of France, the form the legislature would take, and whether every subject of the French Crown would be given equal rights.
The constitution retained the monarchy but with sovereignty effectively residing in the Legislative Assembly. It also distinguished between "active citizens", who had political rights, and "passive citizens", who had only civil rights.
The French Constitution of 1791 was created during the French Revolution, which began in 1789 with the collapse of the absolute monarchy. The revolution saw the onset of war and the rise of radical Jacobin and republican conceptions.
The French Constitution of 1791 redefined the organization of the French government, citizenship, and the limits to the powers of government. It abolished many institutions deemed "injurious to liberty and equality of rights" and established the National Assembly as a permanent fixture in the French government.
