Simone Lawson
The French Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. It was an attempt to redefine the organisation of the French government, citizenship, and the limits to the powers of the government. The constitution retained the monarchy, but sovereignty 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 the king was allowed a suspensive veto to balance out the interests of the people.
| Characteristics | Values |
|---|---|
| Type of government | Constitutional monarchy |
| Country | France |
| Type of document | First written constitution |
| Rights | Universal rights of man |
| Voting rights | Restricted to "active citizens" who were male, over 25, and paid taxes equivalent to at least 3 days' wages |
| Legislative power | Vested in the National Assembly |
| Executive power | Retained by the king, who had the right to form a cabinet and appoint ministers |
| Judicial power | Independent judiciary |
| Local government | Abolished previous feudal geographic divisions |
| Equality | Distinction between "active" and "passive" citizens, and lack of rights for women |
| Sovereignty | Resided in the Legislative Assembly |
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What You'll Learn
- The constitution maintained a monarchy, but sovereignty resided in the Legislative Assembly
- The franchise was restricted to active citizens who paid a minimum sum in taxes
- The Assembly redefined the organisation of the French government, citizenship and limits to the government's power
- The Assembly established its legal presence in the constitution and formed a system for recurring elections
- The Assembly's constitution was inspired by Enlightenment theories and foreign political systems
The constitution maintained a monarchy, but sovereignty resided in the Legislative Assembly
The French Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. It maintained a monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The constitution lasted less than a year, but it was a significant step towards constitutionality and popular sovereignty in France.
The National Assembly, which became the effective government of France after the storming of the Bastille on 14 July 1779, was composed of conservative foes of the revolution ("The Right"), "Monarchiens" who favoured a British-style constitutional monarchy, and "the Left", who supported the revolution and democracy. The Assembly renamed itself the National Constituent Assembly and began drafting the constitution as its primary objective. The constitution was also inspired by Enlightenment theories and foreign political systems.
The constitution maintained the monarchy, but with significant changes to the king's role and powers. King Louis XVI's title was amended from "King of France" to "King of the French", implying that his power emanated from the people and the law, rather than divine right or national sovereignty. The king retained the right to form a cabinet and select and appoint ministers, and he was granted a civil list (public funding) of 25 million livres, a significant reduction from his pre-revolution spending.
However, the National Assembly held the power to make laws, and the king was given a suspensive veto, which allowed him to deny or withhold assent to bills for up to five years. After this period, the Assembly could enact the bill without the king's approval. This veto power was intended to balance the interests of the people and prevent the government from being ruled by the representatives' self-interest. Nevertheless, it created a fundamental contradiction, as it allowed the king to veto legislative decrees and potentially paralyse the Assembly.
The constitution also established a system of voting and citizenship that distinguished between "active citizens" and "passive citizens". "Active citizens" were males over the age of 25 who paid taxes equivalent to at least three days' wages, and they had the right to vote and stand for office. "Passive citizens", including women and men who did not meet the property qualifications, had limited rights and could not vote. This system excluded a significant portion of the population from the political process and fell short of the egalitarian ideals of the revolution.
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The franchise was restricted to active citizens who paid a minimum sum in taxes
The French Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. It retained the monarchy, but sovereignty now resided in the Legislative Assembly, which was elected by a system of indirect voting.
The franchise was restricted to "active citizens" who paid a minimum sum in taxes. This amounted to about two-thirds of adult men, who had the right to vote for electors and to choose certain local officials directly. Active citizens were distinguished from passive citizens, who had only civil rights. Active citizens were over the age of 25 and paid direct taxes equal to three days' labour.
The constitution was not egalitarian by modern standards, as it drew a distinction between propertied active citizens and poorer passive citizens. Women, for example, lacked rights to liberties such as education, freedom to speak, write, print and worship.
The Assembly, as the framers of the constitution, were afraid that if only representatives governed France, it would be ruled by their self-interest. Therefore, the king was allowed a suspensive veto to balance out the interests of the people. This, however, weakened the king's executive authority.
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The Assembly redefined the organisation of the French government, citizenship and limits to the government's power
The Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. It redefined the organisation of the French government, citizenship, and the limits of the government's power.
The National Assembly became the effective government of France following the storming of the Bastille on 14 July 1789. The Assembly renamed itself the National Constituent Assembly and functioned as a governing body and constitution-drafter. The constitution was drafted by a committee of the National Assembly, a group of moderates who hoped to create a better form of royal government rather than something radically new. It retained the monarchy, but sovereignty 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 constitution amended King 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. However, the constitution weakened the king's executive authority, and he was granted a suspensive veto to balance out the interests of the people. He could deny assent to bills and withhold this assent for up to five years. After this time, if assent had not been granted by the king, the Assembly could enact the bill without his approval.
The Assembly also abolished many "institutions which were injurious to liberty and equality of rights", including the previous feudal geographic divisions, which were formally abolished. The territory of the French state was divided into several administrative units. 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 other two branches.
The Constitution of 1791 lasted less than a year, and by the time it was adopted, it was already outdated, overtaken by the events of the revolution and growing political radicalism.
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The Assembly established its legal presence in the constitution and formed a system for recurring elections
The Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. The Assembly renamed itself the National Constituent Assembly and became the effective government of France. The constitution was the Assembly's primary objective, inspired by Enlightenment theories and foreign political systems. It aimed to redefine the organisation of the French government, citizenship, and the limits to the powers of government.
The Assembly established its legal presence in the constitution by asserting its permanence. This meant that the Assembly would continue to exist and function as the governing body of France. The constitution also outlined the Assembly's legislative powers, with sovereignty effectively residing in the Legislative Assembly. The National Assembly vested the power to make laws, while the king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches.
To ensure its continued existence and influence, the Assembly also formed a system for recurring elections. The constitution provided for indirect elections, where citizens voted for a group of electors who, in turn, chose the Assembly. This system was not universal suffrage, as only ""active" citizens had the right to vote for electors. Active citizens were defined as men over the age of 25 who paid a minimum sum in taxes, equivalent to at least three days' wages. This distinction between active and passive citizens was a property qualification on voting rights, common in 18th-century Europe.
By establishing its legal presence and creating a system for recurring elections, the National Assembly of 1791 laid the foundation for its role in the French government and ensured its ability to influence decision-making through the election process.
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The Assembly's constitution was inspired by Enlightenment theories and foreign political systems
The Constitution of 1791 was drafted by the National Assembly and adopted in September 1791. It was France's first attempt at a national constitution and was inspired by Enlightenment theories and foreign political systems. The National Assembly, a group of moderates, aimed to create an improved version of royal governance rather than a completely new system.
The Enlightenment, a historical period characterised by a surge of new ideas and cultural achievements, influenced political thought in several ways. For instance, Rousseau's social contract theory, which asserts that individuals enter civil society to achieve unity and preserve freedom, was a notable Enlightenment philosophy that shaped political thinking. Additionally, Locke's theory of natural rights, which includes the right to "Life, Liberty, and Property," also influenced many political documents, including the French National Constituent Assembly's "Declaration of the Rights of Man and of the Citizen." The American Constitution also embraced Enlightenment ideas, such as Rousseau's popular sovereignty and Montesquieu’s separation of powers.
The National Assembly's Constitution of 1791 reflected Enlightenment theories in its attempt to balance power and protect citizens' rights. It retained the monarchy but amended Louis XVI's title from "King of France" to "King of the French," implying that the king's power derived from the people and law rather than divine right. The king's spending was reduced, and he retained the right to form a cabinet and appoint ministers. The constitution aimed to define and limit the government's power while safeguarding citizens' rights.
Foreign political systems also influenced the National Assembly's Constitution of 1791. The American Constitution, with its inclusion of a bill of rights and republican political system, provided a contemporary model for the French. The National Assembly aimed to create a constitutional monarchy, drawing on the American example of balancing executive power with the law and the public good. While the French constitution retained the monarchy, it aimed to subordinate the king's power to the legislative assembly, which was elected through indirect voting.
Overall, the National Assembly's Constitution of 1791 was a product of Enlightenment theories and foreign political influences, seeking to create a better form of royal government that protected citizens' rights and balanced power between the monarchy and the legislative assembly.
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Frequently asked questions
It was the first written constitution in France, created by the National Assembly during the French Revolution.
The constitution retained the monarchy, but sovereignty resided in the Legislative Assembly, which was elected by a system of indirect voting. It abolished many institutions that were "injurious to liberty and equality of rights", and established the independence of the judiciary.
The constitution separated 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 males over the age of 25 who paid annual taxes equivalent to at least three days' wages. This was effectively a property qualification on voting rights.
The Constitution of 1791 was significant as it was the first attempt to create a written constitution for France, inspired by Enlightenment theories and foreign political systems. It was also significant as it established the National Assembly as the legislative body in France, with the power to make laws, and redefined the organisation of the French government, citizenship, and the limits of government power.
