French Constitutional History: From Revolution to Napoleon
French Constitutional History: Revolution to Napoleon
The main rights that were recognized were freedom of expression, ownership, eligibility for public office and political participation, and equality before the law. The state, and more specifically the King, are subject to the measures that are promulgated and not above them. These are the same for everyone, without privileges, which configures the rule of law. It also provides national sovereignty: the nation exercises its sovereignty through representatives chosen by census suffrage and indirectly.
Another organic law established the State organs, their functions, and relationships between them. There shall be a rigid separation of powers. The King exercises executive power and is not responsible to the National Assembly, which oversees the legislative and executive action, without censorship or capacity over the King or his ministers. The executive cannot dissolve, nor call, nor have legislative initiative.
Proclaimed the Constitution, it only lasted a year, since the attempted escape of the royal family and its intention to lead a counterrevolution, marked its break with the new regime and the impracticality of it. The King was arrested and the monarchical powers declared war against the new republic which expired in 1794.
- The Constitution of 1793: The First Republic. Abolished the monarchy in 1792, power was held by a National Convention, elected by universal male suffrage, which established a republican regime. Drafted a constitution that never took effect, but it was the first democratic constitution. A Declaration of the Rights of Man and Citizen were added social rights such as labor and insurrection. Sovereignty moves from national to become popular. There was no separation of powers, all were focused on the legislative body that appointed an Executive Council to implement the laws and legislative decrees. The government was violently exercised by the Committee of Public Safety and Homeland Security Committee. The king was tried and executed in 1793 and revolution is increasingly radicalized, leading sectors of the Republican army, victorious against the monarchical powers, to give a coup in 1794.
The Constitution of Year III: 1794. The Directory. This reversal involved the disappearance of social rights, the vote was again based on census. The Legislature was divided into two chambers: the Council of Five Hundred and the Council of Elders that only ratify or reject the legislation first approved. The executive was exercised by a Board of five members elected by the two Councils, which is the only connection between the two branches. The continuing crisis, the ongoing wars against the monarchical powers, and conflicts between legislative and executive led to another coup in 1799. The Board was replaced by a Consulate headed by Napoleon Bonaparte, who was monopolizing all power.
1.2 Napoleonic Constitutions.
• The Constitution of Year VIII (1799): the Consulate. The first Bonapartist Constitution lacked a bill of rights. France remained a republic whose government was composed of three consuls. Decisions belonged to the First Consul (Napoleon) and the other two were only advisory functions. The first consul was in charge of appointing the state councilors and judges, plus the charges of administration and was chief of the Army. The consuls were elected every ten years and may be reappointed.
The Legislature was divided into four chambers:
A State Council appointed by the First Consul, that makes the laws proposed by him.
A Tribunate, appointed by the Senate, which debated and approved the texts.
A Legislature, appointed by the Senate, which rejected or approved the text without discussion.
The Senate of 80 life members appointed on the First Consul, the Tribune and the Legislature in subsequent years, guarding the constitutionality of the process.