Jonah Patel
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 objective of the constitution was 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 effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. It abolished the feudal system and limited the power of the king, establishing him as a figurehead with authority over the executive branch, while the judiciary was independent. The constitution also guaranteed rights such as the right to life, freedom of speech, and equality before the law.
| Characteristics | Values |
|---|---|
| First written constitution in France | Constitution of 1791 |
| Inspired by | Enlightenment theories and foreign political systems |
| Drafted by | National Assembly |
| Type of government | Constitutional monarchy |
| Power | Sovereignty resided in the Legislative Assembly |
| Voting rights | Restricted to "active citizens" who paid taxes |
| Feudal system | Abolished |
| King's power | Limited |
| Judiciary, Legislature, and Executive | Formed |
| Monarch | Reduced to a title |
| King's title | Changed to "King of the French" |
| King's spending | Reduced by 20 million livres |
| Executive power | Retained by the king |
| Bicameral legislature | Proposed but defeated |
| Absolute veto | Proposed but defeated |
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What You'll Learn
Establishing popular sovereignty
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. One of the basic precepts of the French Revolution was to establish popular sovereignty. 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. It retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting.
The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of government. The National Assembly set out to represent the interests of the general will. It abolished many “institutions which were injurious to liberty and equality of rights”. 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 also revised the role of the king. It 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 was granted a civil list (public funding) of 25 million livres, a reduction of around 20 million livres on his spending before the revolution. In terms of executive power, the king retained the right to form a cabinet and to select and appoint ministers. The constitution also granted the king a suspensive veto to balance out the interests of the people, although this weakened his executive authority.
The main controversies early on concerned the level of power to be granted to the king and the form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of one house. Similarly, the committee proposed an absolute veto for the king, but this was defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures.
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 males over the age of 25 who paid annual taxes equivalent to at least three days’ wages. This was, in effect, a property qualification on voting rights. "Passive citizens" had civil rights but no political rights.
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Creating 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. The main objective of the constitution was to establish a constitutional monarchy, redefining the organisation of the French government, citizenship, and the limits of the government's power.
The constitution 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 entirely new. The Assembly believed that representative democracy would weaken the king's authority, so they allowed him a suspensive veto to balance the interests of the people. The king's title was amended from 'King of France' to 'King of the French', implying that his power came from the people and the law, not from divine right or national sovereignty. The constitution also reduced the king's spending by around 20 million livres.
The National Assembly 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 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 also abolished the feudal system, formally ending the previous geographic divisions and creating a new system for the territory of the French state. 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.
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Redefining 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 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 constitution redefined the organisation of the French government, citizenship, and the limits to the powers of the government.
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. Around two-thirds of adult men had the right to vote for electors and choose certain local officials directly. "Active citizens" were defined as males over the age of 25 who paid annual taxes equivalent to at least three days' wages. This was essentially a property qualification on voting rights, which was common in 18th-century Europe. Those who did not meet these criteria were classified as passive citizens, who had only civil rights.
The constitution also 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's power was further limited by the formation of independent judiciary, legislature, and executive branches. The king retained the right to form a cabinet and select and appoint ministers, and he was granted a suspensive veto to balance out the interests of the people.
The National 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 Assembly also established its legal presence in the French government by ensuring its permanence in the Constitution and forming a system for recurring elections.
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Separating powers
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 the French Revolution. The main objective of the constitution was to redefine the organisation of the French government, citizenship, and the limits of the government's power. The National Assembly, as the constitution-framers, aimed to represent the interests of the general will and establish popular sovereignty.
One of the key features of the Constitution of 1791 was the separation of powers. The National Assembly, as 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 king and royal ministers made up the executive branch, with the king retaining the right to form a cabinet and appoint ministers. However, the king's power was limited and supervised by the government, making France a constitutional monarchy. The judiciary was independent of the other two branches, ensuring a balance of power.
The Constitution of 1791 also addressed the question of the king's veto power. The king was granted a suspensive veto, which allowed him to block legislation temporarily but could be overridden by three consecutive legislatures. This balance of power was intended to prevent tyranny by the central government and protect the rights of citizens.
The franchise, or the right to vote, was restricted to "active citizens" who met certain property qualifications. "Active citizens" were typically males 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 controversial aspect of the constitution, as it excluded a significant portion of the population from full political rights.
Overall, the Constitution of 1791 sought to separate powers and establish a system of checks and balances between the legislative, executive, and judicial branches of the French government, while also redefining citizenship and the role of the monarchy.
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Protecting citizens' rights
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 the French Revolution. The main objective of the constitution was to redefine the organisation of the French government, citizenship, and the limits to the powers of the government.
The constitution was drafted by the National Assembly, a group of moderates who wanted to create a better form of royal government. The Assembly believed in a sovereign nation and equal representation, which is reflected 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 also abolished the feudal system, which was a social and political system where landowners provided land to tenants in exchange for their loyalty and services. The power of the king was limited, and the monarch became a titular figurehead, with authority now residing in the Legislative Assembly. The king was granted a suspensive veto to balance out the interests of the people, and his title was changed from 'King of France' to 'King of the French', implying that his power came from the people and the law, not divine right.
The population was separated into two classes: 'active citizens' with political rights, and 'passive citizens' with only civil rights. 'Active citizens' were males over the age of 25 who paid annual taxes equivalent to at least three days' wages, which was a common property qualification for voting in 18th-century Europe. The constitution guaranteed certain rights, including the right to life, freedom of speech, freedom of opinion, and equality before the law.
The French Constitution of 1791 was a significant step towards establishing a constitutional monarchy in France, redefining citizenship, and protecting citizens' rights and liberties. It was the first of several attempts to create a written constitution for the country, inspired by Enlightenment theories and foreign political systems.
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Frequently asked questions
The main objective of the French Constitution of 1791 was to redefine the organisation of the French government, citizenship and the limits of the government's powers. It was the first written constitution in France.
The French Constitution of 1791 abolished the feudal system, limiting the power of the king and establishing the sovereignty of the Legislative Assembly. It also guaranteed the right to life, freedom of speech and freedom of opinion.
There were controversies surrounding the level of power that should be granted to the king and the form the legislature should take. The king was granted a suspensive veto, which could be overridden by three consecutive legislatures. The population was also separated into two classes: 'active citizens' with political rights, and 'passive citizens' with only civil rights.
