Isabella Carter
France has had many constitutions throughout its history, including the Constitution of 1791, the Constitutional Charter of 1814, the Constitutional Charter of 1830, the 19th Century Constitution of 1848, the Constitution of 1852, the Constitutional Laws of 1875, the 20th Century Constitutional Law of 1940, the Constitutional Law of 1945, the Constitution of the Fourth Republic of 1946, and the current Constitution of the Fifth Republic, adopted in 1958. The Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It retained the monarchy but established sovereignty in the Legislative Assembly, which was elected by a system of indirect voting. The current Constitution of the Fifth Republic was established following World War II and replaced the Constitution of the Fourth Republic of 1946.
| Characteristics | Values |
|---|---|
| Name | Constitution of the Fifth Republic (French: la Constitution de la Cinquième République) |
| Date Adopted | 4 October 1958 |
| Core Principles | Separation of church and state, democracy, social welfare, indivisibility |
| Amendment Methods | Referendum (Article 11) or parliamentary process with presidential consent (Article 89) |
| Amendment Procedure | Must be adopted in identical terms by both houses of parliament, then by a simple majority in a referendum or a three-fifths supermajority of the French Congress |
| Presidential Term | Five years, with a maximum of two consecutive terms |
| Presidential Election | Direct presidential elections introduced in 1962 |
| Presidential Powers | No veto over legislation, but may return a bill to parliament for reconsideration; can be impeached by Parliament sitting as the High Court for breach of duties |
| Legislative Body | National Assembly |
| Executive Branch | President of the Republic and Prime Minister |
| Judiciary | Independent of the legislative and executive branches |
| Previous Constitutions | Constitution of 1791, Constitution of the Year III (1795), Constitution of 1848, Constitutional Laws of 1875, Constitutional Law of 1945, Constitution of the Fourth Republic of 1946 |
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What You'll Learn
The French Constitution of 1791
Following the Tennis Court Oath, the National Assembly began drafting the constitution as its primary objective. The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution. The Declaration offered broad statements about rights, liberty, and sovereignty. A twelve-member Constitutional Committee was formed on 14 July 1789 to draft the constitution's articles.
The greatest controversy faced by this committee concerned the issue of citizenship. The question arose as to whether every subject of the French Crown would be granted equal rights as promised by the Declaration of Rights of Man and Citizen, or if there would be restrictions. The October Days (5-6 October) complicated the matter. Ultimately, a distinction was made between active citizens, who had political rights, and passive citizens, who only had civil rights. Active citizens were defined as those over 25 years old who paid direct taxes equal to three days' labor.
Many proposals were put forward to redefine the French state, particularly after the abolition of feudalism. The Marquis de Lafayette, for instance, suggested a blend of the American and British systems, introducing a bicameral parliament with the king holding a suspensive veto power over the legislature, modelled on the authority of the President of the United States at the time. Early controversies also centred on the level of power granted to the king and the form of the legislature. The Constitutional Committee proposed a bicameral legislature, but this was rejected in favour of a unicameral system.
After lengthy negotiations, the constitution was reluctantly accepted by King Louis XVI in September 1791. It redefined the organisation of the French government, citizenship, and the limits of governmental powers. The National Assembly, representing the general will, abolished institutions that were deemed harmful to liberty and equality of rights. It established its permanence in the Constitution and created a system for recurring elections. The constitution also reflected the Assembly's belief in a sovereign nation and equal representation through the separation of powers. The National Assembly served as the legislative body, while the king and royal ministers formed the executive branch, and the judiciary maintained its independence from the other two branches.
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The French Constitution of 1958
The Constitution of 1958 sets out methods for its own amendment. Amendments can be made through a referendum (Article 11) 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 by a simple majority in a referendum or a three-fifths supermajority of the French Congress (Article 89).
Since its adoption, the French Constitution of 1958 has been amended twenty-five times, notably in 2008 and most recently in 2024.
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The French Revolution and the Constitution
The French Revolution of 1789 brought about the collapse of the absolute monarchy of the Ancien Régime. One of the basic precepts of the French Revolution was adopting constitutionality and establishing popular sovereignty. The National Assembly, formed in 1789, began the process of drafting a constitution as its primary objective. This constitution, known as the French Constitution of 1791, was the first written constitution in France.
The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the 1791 constitution. The Declaration offered sweeping generalizations about rights, liberty, and sovereignty. A twelve-member Constitutional Committee was formed on 14 July 1789 to draft the articles of the constitution. The committee included members of nobility, many of whom would later face execution during the Reign of Terror.
The Constitution of 1791 redefined the organization of the French government, citizenship, and the limits of the government's powers. It abolished many institutions that were deemed "injurious to liberty and equality of rights". The Constitution established a system of recurring elections and asserted the permanence of the National Assembly in the French government. The legislative body was the National Assembly, the executive branch comprised the king and royal ministers, and the judiciary was independent of the other two branches.
The French Constitution of 1791 was replaced by several subsequent constitutions, including the Constitution of the Year III (1795), the Constitution of the Year VIII (1799), the Constitution of the Year X (1802), and the Constitution of the Year XII (1804). The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. The Constitution establishes a semi-presidential system of government, with a president and a prime minister. It also sets out methods for its own amendment, including through referendums or parliamentary processes.
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The National Assembly and the Constitution
The French Constitution of 1791, formally known as the "Constitution française du 3 septembre 1791" in French, was the country's first written constitution. It was created after the collapse of the absolute monarchy of the Ancien Régime. The constitution was drafted by the National Assembly, which had emerged from the Estates General of 1789, and it abolished the tricameral structure of that body.
The National Assembly's primary objective was to draft a constitution that embodied the ideals of the French Revolution, including constitutionality and popular sovereignty. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers. It established a legislative body, with the king and royal ministers forming the executive branch, and an independent judiciary.
The process of drafting the constitution involved addressing controversies such as the level of power 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 unicameral system. Another controversy surrounded the issue of citizenship and whether all subjects of the French Crown would be granted equal rights.
The constitution was reluctantly accepted by King Louis XVI in September 1791. It redefined the organisation of the French government, citizenship, and the limits of governmental powers. The National Assembly established its permanence in the Constitution and created a system for recurring elections.
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It replaced the previous constitution and established core principles such as the separation of church and state, democracy, social welfare, and indivisibility. This constitution has been amended multiple times, reflecting the dynamic nature of France's constitutional evolution.
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The French Constitutional Committee
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 National Assembly was tasked with drafting the constitution, with a twelve-member Constitutional Committee being convened on 14 July 1789 to undertake much of the drafting of the articles of the constitution. This committee included Talleyrand, Abbé Sieyès, and Le Chapelier, with many of its members being from the nobility. The Constitutional Committee proposed a bicameral legislature, but this motion was defeated in favour of a unicameral system.
The French Constitution of 1791 was reluctantly accepted by King Louis XVI in September 1791, and it redefined the organisation 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, and established a system of recurring elections.
The 1946 Constitution, which established the Fourth Republic, established a Constitutional Committee with the authority to declare a bill contrary to the Constitution. However, this committee's powers were limited, as it could only invalidate a bill before it was signed into law, and only if it was appealed to by both the French president and a majority of the Council of the Republic.
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It replaced the 1946 Constitution of the Fourth Republic, establishing the Constitutional Council as the highest constitutional authority in France. The Constitutional Council rules on whether proposed statutes conform with the Constitution and can be signed into law by the President of the Republic. The Constitutional Council is housed in the Palais-Royal in Paris.
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Frequently asked questions
The French Constitution of 1791.
It was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime.
The constitution retained the monarchy but established sovereignty in the Legislative Assembly, which was elected by a system of indirect voting. It also abolished many institutions that were considered "injurious to liberty and equality of rights".
The current constitution of France is called the Constitution of the Fifth Republic.
The Constitution of the Fifth Republic was adopted on 4 October 1958.
