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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 reluctantly accepted by King Louis XVI in September 1791 and established a semi-presidential system of government. The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958 and replaced the Constitution of the Fourth Republic of 1946. It regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
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What You'll Learn
- The French Constitution of 1791 was the first written constitution in France
- The constitution was reluctantly accepted by King Louis XVI in September 1791
- The constitution abolished many institutions deemed injurious to liberty and equality of rights
- The National Assembly was the legislative body, the king and royal ministers formed the executive branch, and the judiciary was independent
- The current French Constitution was adopted on 4 October 1958 and has been amended twenty-five times since
The French Constitution of 1791 was the first written constitution in France
The French Constitution of 1791, formally known as the "Constitution française du 3 septembre 1791", was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime. The French Revolution was driven by the desire to adopt constitutionality and establish popular sovereignty.
Following the Tennis Court Oath, the National Assembly began the process of 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. This declaration offered sweeping generalizations about rights, liberty, and sovereignty. A twelve-member Constitutional Committee was formed on 14 July 1789, coincidentally the day of the Storming of the Bastille, to draft the constitution's articles.
The committee faced controversies, particularly regarding citizenship. The question of whether every subject of the French Crown would be granted equal rights as promised by the Declaration of Rights of Man and Citizen was complicated by the October Days of 5–6 October. Eventually, a distinction was made between active citizens, who had political rights, and passive citizens, who had only civil rights. This conclusion was unacceptable to radical deputies such as Maximilien Robespierre, who never reconciled with the Constitution of 1791.
After lengthy negotiations, the constitution was reluctantly accepted by King Louis XVI in September 1791. It redefined the French government's organization, citizenship, and the limits of governmental powers. The National Assembly, representing the general will, abolished institutions that were detrimental to liberty and equality of rights. It established its permanence in the constitution and implemented a system of recurring elections. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers. The National Assembly served as the legislative body, while the king and royal ministers formed the executive branch, and the judiciary remained independent.
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The constitution was reluctantly accepted by King Louis XVI in September 1791
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. The constitution was drafted by the National Assembly, which was formed by the representatives of the Third Estate (the common people) of the Estates-General. The Assembly's objectives were to redefine the social structure, legalise itself, and represent the interests of the general will.
The constitution was the result of very long negotiations, as the Assembly had to thread between modifying the existing unwritten constitution centred on the three estates of the Estates General or rewriting it completely. The main controversies surrounded the issues of what level of power to grant to the king and what form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral system. The motion for an absolute veto was also defeated, and a suspensive veto was established instead.
The constitution was not egalitarian by today's standards, as it deprived women of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship. It also distinguished between active citizens (male property owners over a certain age) and passive citizens. Despite its shortcomings, the French Constitution of 1791 was a significant step towards constitutionality and popular sovereignty in France.
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The constitution abolished many institutions deemed injurious to liberty and equality of rights
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It replaced the Constitution of the Fourth Republic of 1946. The constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
The French Constitution of 1791 was the country's first written constitution, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, which was the legislative body, wanted to redefine the social structure and legalise itself. It abolished the tricameral structure of the Estates General of 1789, which was composed of three estates. The Constitution of 1791 abolished many institutions deemed injurious to liberty and equality of rights.
The National Assembly, the king and royal ministers, and the judiciary made up the legislative, executive, and judicial branches, respectively. The Assembly asserted its legal presence in the government by establishing its permanence in the Constitution and forming a system for recurring elections. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers.
The Constitutional Committee, which included members of the nobility like Talleyrand, Abbé Sieyès, and Le Chapelier, faced controversies regarding the issue of citizenship. The Declaration of Rights of Man and Citizen promised equal rights to all subjects of the French Crown, but the committee had to determine whether there would be any restrictions. They eventually made a distinction between active citizens (over 25 years old and paid direct taxes equal to three days's labour), who had political rights, and passive citizens.
The Constitution of 1791 also abolished the previous feudal geographic divisions and established a new system for the territory of the French state.
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The National Assembly was the legislative body, the king and royal ministers formed the executive branch, and the judiciary was independent
The French Constitution of 1791 was the country's first written constitution, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, born of the Estates General of 1789, was the legislative body of this constitution. The king and his royal ministers formed the executive branch, with the king holding a suspensive veto to balance the interests of the people. The judiciary was independent of the other two branches.
The National Assembly's primary objective was to draft a constitution that would redefine the French state and establish popular sovereignty. The Assembly believed in a sovereign nation and equal representation, and this was reflected in the constitutional separation of powers. 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.
The Constitutional Committee, which included members of the nobility like Talleyrand, Abbé Sieyès, and Le Chapelier, faced controversies surrounding the issue of citizenship. The Declaration of the Rights of Man and Citizen seemed to promise equal rights to every subject of the French Crown, but the Constitution of 1791 made a distinction between active citizens (male property owners over the age of 25) and passive citizens. All women were deprived of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship.
The Constitution of 1791 was reluctantly accepted by King Louis XVI in September 1791, and it abolished many institutions deemed "injurious to liberty and equality of rights." It also formally abolished the previous feudal geographic divisions and divided the territory of the French state into several administrative units with a centralist principle. However, the constitutional monarchy 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. The monarchy was effectively ended by the 10 August 1792 insurrection, and a National Convention was called, declaring France a republic on 22 September 1792. This meant that a new constitution was needed just a year after the 1791 Constitution was agreed upon.
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The current French Constitution was adopted on 4 October 1958 and has been amended twenty-five times since
The current French Constitution, also known as the Constitution of the Fifth Republic, was adopted on 4 October 1958. It replaced the Constitution of the Fourth Republic of 1946, with the exception of the preamble per a 1971 decision of the Constitutional Council. The current constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. It was drafted by Michel Debré, with Charles de Gaulle being the main driving force behind its introduction.
The French Constitution of 1958 has been amended twenty-five times since its inception, with notable amendments in 2008 and most recently in 2024. The constitution outlines the methods for its own amendment, which can be done through a referendum (Article 11) or a parliamentary process with presidential consent. The normal procedure for amending the constitution involves both houses of parliament adopting the amendment in identical terms, followed by a simple majority referendum or a three-fifths supermajority of the French Congress (Article 89).
The French Constitution establishes a semi-presidential system of government, with two competing interpretations. In one reading, the executive branch consists of both a President of the Republic and a Prime Minister, similar to parliamentary systems with a symbolic president. According to Articles 5 and 21, the president is the guardian of the state and the constitution, while the prime minister decides on government actions and policies. The other interpretation suggests a weak parliament for a parliamentary system, with Article 34 listing domains exclusive to parliamentary legislation, leaving the remaining domains to the executive's regulations.
The current French Constitution also includes a new feature not present in earlier constitutions, called the "loi d'habilitation." This allows the government to issue ordinances that would normally be beyond its remit, provided they are ratified by Parliament before expiring. From 1960 to 1990, there were 23 such lois d'habilitation, resulting in 150 ordinances, with about a third being subsequently ratified by Parliament.
The French Constitution has undergone several iterations throughout history, with the first written constitution created in 1791 after the collapse of the absolute monarchy. This constitution was drafted by the National Assembly during the French Revolution and included the Declaration of the Rights of Man and of the Citizen, which became its preamble. It established a constitutional monarchy with a legislative assembly, an executive branch consisting of the king and royal ministers, and an independent judiciary. However, it faced controversies over citizenship and the power granted to the king, and it proved short-lived due to the onset of the French Revolutionary Wars and the August 10 Insurrection.
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Frequently asked questions
The first French Constitution was written in 1791, following the collapse of the absolute monarchy of the Ancien Régime.
The French Constitution of 1791 was the first written constitution in France. It was created by the National Assembly during the French Revolution. The Constitution redefined the organisation of the French government, citizenship and the limits to the powers of the government.
Yes, there have been several changes to the French Constitution since 1791. The current French Constitution was adopted on 4 October 1958 and is typically called the Constitution of the Fifth Republic. Since then, it has been amended 25 times, most recently in 2024.
