Omar Bennett
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 the National Constituent Assembly, a group of moderates who hoped to create a better form of royal government. The Assembly was tasked with finding a constitutional role for the king and determining what political powers he should retain. They eventually concluded that France should be a constitutional monarchy with a unicameral (one house) legislature. The constitution lasted less than a year, and by the time it was adopted, it was already outdated, overtaken by the events of the revolution and growing political radicalism.
| Characteristics | Values |
|---|---|
| Reason for drafting | To redefine the organisation of the French government, citizenship and the limits to the powers of the government |
| Date of drafting | 26 August 1789 |
| Date of adoption | 3 September 1791 |
| Drafted by | The National Assembly |
| Reason for adoption | To replace the absolute monarchy of the Ancien Régime |
| Basis | The Declaration of the Rights of Man and of the Citizen |
| Rights guaranteed | Freedom, ownership, security, resistance to oppression, equality before the law, justice, separation of powers |
| Power of the king | Suspensive veto |
| Legislature | Unicameral |
| Active citizens | Men over the age of 25 who paid direct taxes equal to three days' labour |
| Passive citizens | Those with only civil rights |
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What You'll Learn
The French Constitution of 1791
The main controversies early on surrounded the issues of what level of power to be granted to the king of France and what form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but the motion was defeated on 10 September 1789 in favour of a unicameral legislature. The committee also 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 Assembly, as the framers of the constitution, were afraid that if only representatives governed France, it would likely be ruled by the representatives' self-interest. Therefore, the king was allowed a suspensive veto to balance out the interests of the people.
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 Assembly's belief in a sovereign nation and in equal representation can be seen in the constitutional separation of powers. On a local level, the previous feudal geographic divisions were formally abolished, and the territory of the French state was divided into several administrative units, or 'Départements'.
The Assembly also distinguished between ''active citizens' (over the age of 25, who paid direct taxes equal to three days' labour) who had political rights, and 'passive citizens', who had only civil rights. This conclusion was intolerable to radical deputies such as Maximilien Robespierre, and they were never reconciled to the Constitution of 1791.
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The Declaration of the Rights of Man and of the Citizen
The Declaration set out the "natural and inalienable" rights of freedom, ownership, security, and resistance to oppression. It recognised equality before the law and the justice system and affirmed the principle of separation of powers. It also offered sweeping generalisations about rights, liberty, and sovereignty. The Declaration was a precursor to the French Constitution of 1791, which was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime.
The Declaration and the subsequent Constitution of 1791 made a distinction between "active citizens" with political rights and "passive citizens" with only civil rights. Active citizens were defined as those over 25 who paid direct taxes equal to three days' labour. This distinction was intolerable to radical deputies such as Maximilien Robespierre, who could never be reconciled to the Constitution of 1791. The Constitution also made a distinction between propertied active citizens and poorer passive citizens, and women lacked rights and liberties such as education, freedom of speech, and freedom of worship.
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The collapse of the absolute monarchy
The formation and justification of absolute monarchy in France were influenced by religious conflicts that arose from the Protestant Reformation in the 16th century. Disputes between the monarchy and the community, as well as the loss of the House of Valois' authority, led to the consolidation of monarchical power. This power was justified by the "fundamental laws of the Kingdom," which were unwritten principles based on religious beliefs and customary usage, establishing the idea of the divine right of kings.
During the 17th century, King Louis XIV played a significant role in centralizing power and glorifying the monarchy. He initiated a cultural program to dominate European culture and enhance the regime's prestige, including the establishment of academies in the arts and sciences that generated heroic representations of the king. Louis XIV also continued the work of creating a centralized state governed from Paris, eliminating remnants of feudalism, and pacifying the aristocracy by compelling them to inhabit his Palace of Versailles.
However, the social stability and routine created under Louis XIV were viewed as oppressive by some during the reigns of his successors, Louis XV and Louis XVI. The Enlightenment ideas and values that emerged during this period challenged the foundations of the absolute monarchy. Additionally, the creation of the United States and the costly wars with neighbouring countries further contributed to political and social unrest in France.
The French Revolution of 1789 marked a pivotal moment in the collapse of the absolute monarchy. On the eve of the Revolution, France was facing an institutional and financial crisis, with widespread food shortages. The ideas of the Enlightenment had taken hold among the educated classes, and the Declaration of the Rights of Man and of the Citizen, adopted in August 1789, set out principles of freedom, ownership, security, and equality before the law. This declaration became the preamble to the French Constitution of 1791, which established constitutionality and popular sovereignty.
The National Assembly, tasked with drafting the constitution, redefined the organization of the government, citizenship, and the limits of governmental powers. It abolished institutions that were deemed injurious to liberty and equality, established a system of recurring elections, and distinguished between active and passive citizens, with different rights and privileges. The king was allowed a suspensive veto to balance the interests of the people, but this also weakened his executive authority.
In summary, the collapse of the absolute monarchy in France was a complex process influenced by religious conflicts, the centralization of power, Enlightenment ideas, social and political unrest, and the French Revolution, culminating in the adoption of a written constitution that limited the power of the monarchy and established a more democratic form of governance.
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The limits of government power
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 drafting of the constitution was motivated by the desire to establish a system of government that protected the rights and liberties of citizens and to redefine the organisation of the French government, including the limits of its power.
The National Assembly, tasked with drafting the constitution, aimed to represent the interests of the general will and to establish equal representation. They abolished institutions that were deemed harmful to liberty and equality of rights, such as the previous feudal geographic divisions, and established a system of recurring elections.
One of the main controversies during the drafting process was determining the level of power to be granted to the king of France. The Assembly, fearing that the king's power could be influenced by self-interest, granted him a suspensive veto to balance the interests of the people. This veto could be overridden by three consecutive legislatures. Additionally, representative democracy weakened the king's executive authority, as the executive branch was now composed of the king and royal ministers.
The Constitution of 1791 also introduced the concept of active and passive citizens. Active citizens, who were over the age of 25 and paid direct taxes, had political rights, while passive citizens only had civil rights. This distinction was unacceptable to radical deputies like Maximilien Robespierre, who could never reconcile with the Constitution of 1791.
The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble to the Constitution of 1791. It outlined natural and inalienable rights, including freedom, ownership, security, and resistance to oppression. It recognised equality before the law and affirmed the principle of separation of powers. This declaration inspired similar texts in Europe and Latin America and served as the foundation for subsequent French constitutions.
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The king's role and the legislature
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 controversies early on during the drafting process were the issues of what level of power to grant to the king of France and what form the legislature would take.
The National Assembly, as the constitution-framers, were afraid that if only representatives governed France, it would be ruled by the representatives' self-interest. Thus, the king was allowed a suspensive veto to balance out the interests of the people. However, representative democracy also weakened the king's executive authority. 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, and about two-thirds of adult men had the right to vote for electors and to choose certain local officials directly.
The Constitutional Committee proposed a bicameral legislature, but the motion was defeated on 10 September 1789 in favour of a unicameral legislature. The king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches. On a local level, the previous feudal geographic divisions were formally abolished, and the territory of the French state was divided into several administrative units, or departments.
The Constitution of 1791 was short-lived, as it lasted less than a year. The First Republic was founded on 21 September 1792 during the French Revolution, and the convention's first act was to establish the French First Republic and officially strip the king of all political powers.
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Frequently asked questions
France needed a constitution to redefine the organisation of the government, citizenship and the limits to the powers of the government. The constitution aimed to abolish institutions that were injurious to liberty and equality of rights.
The main controversy was the level of power to be granted to the king of France. The Constitutional Committee proposed an absolute veto, but this was defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures.
The key principles of the constitution were popular sovereignty and constitutionality. The constitution also distinguished between active citizens, who had political rights, and passive citizens, who had only civil rights.
The constitution was short-lived, lasting less than a year. It was replaced by the Constitution of 1793, which was drafted by the National Convention and ratified by popular vote. The new constitution suspended the rights guaranteed by the 1789 Declaration of the Rights of Man and of the Citizen.
