Malcolm Rivera
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 constitution was drafted by a committee of the National Assembly, a group of moderates who aimed to create a better form of royal government. The main features of the constitution were: constitutional monarchy, the National Assembly, the right to vote, power distribution among institutions, and the Declaration of Rights of Man and Citizen. The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of government.
| Characteristics | Values |
|---|---|
| Type of Monarchy | Constitutional |
| Legislative Body | National Assembly |
| Executive Branch | King and Royal Ministers |
| Judiciary | Independent of the other two branches |
| Voting Rights | "Active citizens" (males over 25 who paid taxes equivalent to at least 3 days' wages) |
| Rights | The rights of man and citizen, including the right to live, freedom of speech, freedom of religion, and equality under the law |
| Veto Power for the King | Suspensive (could be overridden by three consecutive legislatures) |
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What You'll Learn
Constitutional monarchy
The Constitution of 1791 was the first written constitution in France, marking a shift from absolute monarchy to a constitutional monarchy. This new constitution redefined the organisation of the French government, citizenship, and the limits of governmental powers.
The constitution 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 or national sovereignty. The monarch retained some executive powers, including the right to form a cabinet and appoint ministers. However, the National Assembly, as the legislative body, held significant power, with the ability to make laws and exercise control over the king and his ministers. The judiciary was kept independent of the legislative and executive branches.
The constitution also introduced a system of recurring elections, with the franchise restricted to "active citizens" who met specific property qualifications. "Active citizens" were defined as males over the age of 25 who paid taxes equivalent to at least three days' wages. This group had political rights, while "passive citizens", comprising the rest of the population, had limited or no democratic rights.
The constitution was drafted by the National Constituent Assembly, inspired by Enlightenment theories and foreign political systems. It aimed to balance the interests of the people and the monarch, with the king granted a suspensive veto to counterbalance the power of the representatives.
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Separation of powers
The Constitution of 1791 was the first written constitution in France, marking a shift from absolute monarchy to a constitutional monarchy. The constitution was drafted by the National Constituent Assembly, a group of moderates aiming to improve royal governance rather than implement radical changes.
One of the key features of the Constitution of 1791 was the separation of powers. The National Assembly, as the legislative body, was responsible for law-making and overseeing the king and his ministers. The executive branch was composed of the king and his royal ministers, who retained certain powers, including the right to form a cabinet and appoint ministers. The judiciary, meanwhile, was independent of the other two branches, ensuring impartiality in the interpretation and enforcement of laws.
The constitution also addressed the question of the king's power, amending Louis XVI's title from 'King of France' to 'King of the French'. This change signified that the king's authority derived from the people and the law, rather than from divine right or national sovereignty. To balance the interests of the people and the monarch, the king was granted a suspensive veto, allowing him to temporarily block legislation.
The Assembly, as the framers of the constitution, aimed to prevent self-serving governance by representatives. The king's suspensive veto was intended to counterbalance the interests of the people. However, representative democracy also diluted the king's executive authority. The constitution's interpretation of the separation of powers reflected the Assembly's belief in a sovereign nation and equal representation.
The Constitution of 1791 faced criticism for its failure to uphold egalitarian ideals. It differentiated between "active citizens" and "passive citizens", with only male property owners over the age of 25 being granted full political rights. Women and the majority of men were classified as passive citizens, possessing only civil rights and lacking political representation.
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Active and passive citizens
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 constitution was drafted by a committee of the National Assembly, a group of moderates who aimed to improve royal governance rather than establish something entirely new. It was passed in September 1791, but by then, the document was already outdated due to the rapid developments of the French Revolution and the rise of political radicalism.
One of the constitution's main controversies was the question of who would be entitled to vote and participate in elections. The committee eventually decided to divide the population into two classes: 'active citizens' and 'passive citizens'.
'Active citizens' were defined as males over the age of 25 who paid annual taxes equivalent to a minimum of three days' wages. They were the only ones entitled to vote and stand for office. This effectively created a property qualification for voting rights, which was common in 18th-century Europe. Voting was not seen as a natural right but as a privilege for those who owned property and paid taxes. About two-thirds of adult men fell into this category and had the right to vote for electors and choose certain local officials directly.
'Passive citizens' were those who did not have the right to vote or participate in elections. This included all women, children, and youth under 25, as well as men who did not meet the property qualifications. They were effectively excluded from the political process and had limited civil rights.
The distinction between active and passive citizens was a significant point of contention, even leading radical deputies like Maximilien Robespierre to reject the Constitution of 1791 entirely.
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Rights and liberties
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 constitution was drafted by a committee of the National Assembly, a group of moderates who aimed to create a better form of royal government. It was passed in September 1791, establishing a constitutional monarchy in France. The king's title was amended from 'King of France' to the 'King of the French', implying that the king's power originated from the people and the law, rather than divine right or national sovereignty. The monarch retained certain powers, including the right to form a cabinet and appoint ministers, while the National Assembly, as the legislative body, asserted its legal presence and established a system of recurring elections.
The constitution introduced a separation between 'active citizens' and 'passive citizens'. 'Active citizens' were males over the age of 25 who paid annual taxes equivalent to at least three days' wages. They were entitled to vote and hold office. On the other hand, 'passive citizens', including women, children, and men who did not meet the property qualifications, had no political rights. This distinction was based on property ownership and tax-paying status, which was common in 18th-century Europe.
The Declaration of the Rights of Man and of the Citizen, adopted in August 1789, became the preamble to the constitution. It offered broad statements about rights, liberty, and sovereignty. The constitution guaranteed certain rights, such as the right to live, freedom of speech, freedom of the press, freedom of worship, and equality under the law. These rights were considered universal, as promised by the Declaration, but in practice, there were distinctions made between active and passive citizens, and women were excluded from many liberties.
The constitution also addressed the organisation of the government and the limits of its powers. It abolished institutions that were deemed detrimental to liberty and equality of rights. The National Assembly, as the legislative branch, shared power with the executive branch, consisting of the king and royal ministers, while the judiciary maintained its independence. This separation of powers reflected the Assembly's belief in a sovereign nation and equal representation.
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Revised role of the king
The Constitution of 1791 was the first of several attempts to create a written constitution for France. It 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 entirely new. The constitution amended Louis XVI's title from 'King of France' to 'King of the French'. This implied that the king's power originated from the people and the law, not from divine right or national sovereignty.
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. "Active citizens" were defined as males over the age of 25 who paid annual taxes equivalent to at least three days' wages. This effectively created a property qualification for voting rights, which was common in 18th-century Europe.
In terms of executive power, the king retained the right to form a cabinet and select and appoint ministers. The constitution also granted the king a suspensive veto, which allowed him to balance the interests of the people against those of their representatives. This suspensive veto could be overridden by three consecutive legislatures. However, there was debate over whether the king should have an absolute veto, with the Monarchiens arguing in favour of this proposition.
The king was granted a civil list (public funding) of 25 million livres, a significant reduction from his spending before the revolution.
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Frequently asked questions
The Constitution of 1791 established a constitutional monarchy in France.
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. 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 retained the right to form a cabinet and to select and appoint ministers. He was also allowed a suspensive veto to balance out the interests of the people.
The National Assembly was the legislative body, with the power to make laws and exercise control over the king and his ministers. It asserted its legal presence in French government by establishing its permanence in the Constitution and forming a system for recurring elections.
Only "active citizens" had the right to vote and stand for office. "Active citizens" were defined as males over the age of 25 who paid annual taxes equivalent to at least three days' wages. "Passive citizens", who did not have political rights, included all women and men who did not meet the criteria for "active citizens".
The Constitution of 1791 was inspired by Enlightenment theories and foreign political systems. It was based on the principles of constitutionality, popular sovereignty, and the protection of individual rights and liberties. The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution and offered sweeping generalizations about rights, liberty, and sovereignty.
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