French Constitutions: From Napoleon to the Second Empire
France was territorially divided into 86 departments and districts. At each level, lists of notables were selected, with a tenth of the lists enumerated. Napoleon appointed mayors, governors, ministers, members of the chambers, and so on. Napoleon attempted to increase his power.
The Constitution of Year X (1802): The Consulate for Life
The reforms strengthened the power of the First Consul and the Senate, which fell under Napoleon directly. In fact, Napoleon exercised all powers.
The Constitution of Year XII (1804): Empire
The next step was Napoleon proclaimed Emperor of the French. The state structure was adapted to the Empire and the new Napoleonic nobility joined the Senate. As emperor, Napoleon’s power was absolute, although he maintained a rhetoric defending individual rights, representative government, national sovereignty, and freedom of religion or of the press. His power lasted as long as military victories were won. His passing made important reforms in Europe and France (Civil Code, major public works, the Bank of France, etc.).
Monarchist Constitutions
The Charter Granted in 1814: The Restoration
It is not a constitution but a Royal grant (remained in force and the Napoleonic codes were not restored; the privileges of class or area). Sovereignty resided in the King, ruling by divine right. No bill of rights, although many of them were collected in the articles. The legislature was composed of a Chamber of Deputies, elected by indirect suffrage based on census and for seven years, and a House of Peers, appointed and hereditary. The executive was exercised by the King, assisted by his ministers. There was no rigid separation of powers; the King may dissolve the Chamber of Deputies. The legislative initiative was based on the King and the Houses could obtain it, although it was dismissed by the Government by the Chambers; in practice, the parliamentary majority was required to maintain stability. Louis XVIII reigned until 1824 and tried to be a moderator between the factions of the House of Representatives, and ultra-liberals. He was succeeded by his brother Charles X, leader of the ultra-realists, of which he surrounded himself in government, which cut into support for liberal monarchists and caused unrest among the population, which ended up rebelling in 1830.
The Constitution of 1830: The July Monarchy
The revolution of 1830 brought a constitution that recognized national sovereignty. The King is no longer in France by divine right, but from the French by their will. The king, Louis-Philippe of Orleans, was the chief executive and shared the legislative initiative with the Chambers. The ministers were responsible to him and the Chambers. The House of Lords ceased to be hereditary and lost influence with that of the Deputies, which was expanded in number. There was great economic and industrial growth, which favored the gentry. A public education system based on municipalities was implemented. The social changes and upheavals in 1848 accounted for a revolt in Paris that ended in a revolution that overthrew the monarchy.
Republican Revolutionary Constitution
The Constitution of 1848: The Second Republic
It was a presidential-type Republic with a comprehensive bill of rights inherited from 1793 and finally recovered and established direct universal male suffrage. Rigid separation of executive and legislative branches. Both the President and National Assembly were elected directly by the electorate. The legislative initiative could be exercised by both. The Government was not responsible to the Assembly and could not convene or dissolve it. Following the promulgation of the Constitution, the monarchists won a majority in the first parliamentary elections, while Louis Napoleon Bonaparte was elected President, who in 1851 led a coup and instituted an empire that was intended heir of Emperor Napoleon I.
The Constitutions of the Second Empire
The Constitution of January 1852 and Senate-consulted November of that year: the authoritarian empire. The new constitution retained the republican forms at the start, had no formal declaration of rights but recognized the great democratic principles proclaimed in 1789 as the basis of public law. The President was elected for a period of 10 years; ministers were only responsible to him. A Council of State, appointed by the President, developed and defended bills before the legislative body.