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| Constitution of the Year VIII | |
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._Page_3_-_Archives_Nationales_-_AE-I-29-4.jpg) The Constitution of the Year VIII (1799) | |
| Original title | Constitution de l'an VIII |
| Created | 22 Frimaire, Year VIII (13 December 1799) |
| Presented | 24 Frimaire, Year VIII (15 December 1799) |
| Repealed | 16 Thermidor, Year X (4 August 1802) |
| Location | French National Archives |
| Author(s) | InitiallyEmmanuel Joseph Sieyès, later delegated toDaunou |
| Supersedes | Constitution of 5 Fructidor, Year III (Constitution of theDirectory) |
TheConstitution of the Year VIII (French:Constitution de l'an VIII orFrench:Constitution du 22 frimaire an VIII) was a nationalconstitution ofFrance, adopted on 24 December 1799 (during Year VIII of theFrench Republican calendar), which established the form of government known as theConsulate. Thecoup of18 Brumaire (9 November 1799) had effectively given all power toNapoleon Bonaparte, and in the eyes of some, ended theFrench Revolution.
After the coup, Napoleon and his allies legitimized his position by crafting a Constitution that would be, in the words of Napoleon, "short and obscure".[1][2] The constitution tailor-made the position of First Consul to give Napoleon most of the powers of adictator. It was the first constitution since the 1789 Revolution without a Declaration of Rights.
The document vested executive power in threeConsuls, but all actual power was held by the First Consul, Bonaparte. This differed fromRobespierre'srepublic ofc.1792 to 1795 (which was moreradical), and from theoligarchicliberal republic of theDirectory (1795–1799). More than anything, the Consulat resembled theautocraticRoman Republic ofCaesar Augustus, aconservativerepublic-in-name, which reminded the French of stability, order, and peace.[3] It has been called a regime of "modern Caesarism".[4][5] To emphasize this, the authors of the constitutional document usedclassical Roman terms, such as "Consul","Senator" and "Tribune".
The Constitution of Year VIII established a legislature of three houses, which was composed of aConservative Senate of 80 men over the age of 40, aTribunate of 100 men over the age of 25, and a Legislative Body (Corps législatif) of 300 men over 30 years old.
The Constitution also used the term "notables". The word "notables" had been in common usage under the monarchy. It referred to prominent, "distinguished" men — landholders, merchants, scholars, professionals, clergymen and officials.[6] The people in each district chose a slate of "notables" by popular vote. The First Consul, the Tribunate, and theCorps Législatif each nominated one Senatorial candidate to the rest of the Senate, which chose one candidate from among the three. Once all of its members were picked, it would then appoint the Tribunate, theCorps Législatif, the judges ofcassation, and the commissioners of accounts from the National List of notables.[7]
Napoleon helda plebiscite on the Constitution on 7 February 1800. The vote was not binding, but it allowed Napoleon to maintain a veneer of democracy.Lucien Bonaparte announced results of 3,011,007 in favor and 1,562 against the new dispensation. The true result was probably around 1.55 million for it, with several thousand against it.[8]
This Constitution was amended, firstly, by theConstitution of the Year X, which made Napoleon First Consul for Life. A more extensive alteration, theConstitution of the Year XII, established theBonaparte dynasty with Napoleon as a hereditary Emperor. The first, briefBourbon Restoration of 1814 abolished the Napoleonic constitutional system, but the Emperor revived it and at once virtually replaced it with the so-called"Additional Act" of April 1815, promulgated onhis return to power. The return ofLouis XVIII in July 1815 (following theHundred Days) saw the definitive abolition of Napoleon's constitutional arrangements. The Napoleonic constitutions were completely replaced by the BourbonCharter of 1814.
Following the refusal of theCouncil of Five Hundred to revise theConstitution of the Year III,Napoleon Bonaparte conducted acoup d'État on the 18th Brumaire of year VIII (9 November 1799) and took control of the government alongside theAbbot Sieyès andRoger Ducos, establishing a provisional consulate.[9]
Napoléon proceeded to compose, alongside Sieyès, a new constitution aiming to assure a strong executive power, concentrated in Napoleon's hands.[10] The assemblies designated a commission each for the preparation of a new constitution. Multiple sessions took place before Napoleon interfered to accelerate the process.[10]
The Constitution of the Year VIII was composed in 11 days,[11] principally byPierre Claude François Daunou, who belonged to the Society of Ideologues (liberal republicans hostile toJacobinism) and had had a significant role in writing theConstitution of the Year III.[12] It was adopted on 13 December 1799, under pretext of emergency, before being ratified by a plebiscite which took place for 15 days, the official results of which were made public 7 February 1800.
Officially, the Constitution was approved by 3,011,107 citizens against 1,562 opposants,[13] from a base of around 6 million voters registered in electoral lists. French historian Claude Langlois demonstrated in 1972 that the results of this plebiscite had been massively falsified by Napoleon's brotherLucien Bonaparte.[14][15]
The Constitution of the Year VIII marks a break with the preceding constitutions- it allows Napoleon to exercise a personal power[16] all the while maintaining an illusion of democracy. The text is very technical, and defines mainly the powers of the First Consul.
Unlike the preceding Republican Constitutions, the Constitution of the Year VIII does not feature adeclaration of rights and freedoms.[17] However, some rights are affirmed in general terms, such as the inviolability of the home, personal safety, and theright to petition.
The Constitution establishes universal masculine suffrage, but the electoral system does not allow a real expression of the citizens; in effect, elections are removed, with citizen unable to elect representants but limited to create "Lists of Confidence (or notability)".[18] These were lists of candidates from which membres of the Assemblies, consuls, and functionaries are names or elected by the government or the Senate.
This universal suffrage is indirect, and proceeds in three stages:
In addition, the length of stay required of a foreigner to claim French citizenship increases: it is no longer seven years but ten years, or twice as long as the period provided for by theLegislative Assembly in 1791.[19]
The Constitution appears "tailored" to Napoleon, to the point that he is designated explicitly and by name as the First Consul, highly unusual for a constitutional text,[20] which is by definition destined to be permanently applicable. The designation by name of five citizens (Napoleon,Cambacérès,Lebrun,Sieyès, andDucos)[21] limits the applicability of the text to the lifetimes of the Consuls.
The Consulate is composed of three Consuls, but contrary to theDirectory, the Second and Third Consuls only had a consultative power.
The powers of the First Consul are considerable. He names the main civil servants and has theright of initiative. Additionally, he is given significant powers indiplomacy and military affairs.
The executive power, weakened during the Revolution, now holds the real political power, aided by the advisory role of the then newly-establishedConseil d'État (Council of State). Executive power is wielded by the Consulate. Three Consuls are named for ten years and indefinitely re-electable by the Senate.[21] The Second and Third Consul only being able to make their opinion known, executive power now effectively belongs to the First Consul, who also has a large amount of legislative power. He proposes and promulgates laws, names and revokes ministers and civil servants, and has no political responsibility.[22]
The first three consuls designated by the Constitution of Year VIII are Napoléon Bonaparte,Jean-Jacques-Régis de Cambacérès, andCharles-François Lebrun.[21]
The legislature is now weakened by its division in three assemblies: the Conservative Senate, the Tribunate, and the Legislative Body.[23]
TheCouncil of State (French: Conseil d'État) was established by the article 52 of the Constitution of the Year VIII.[24] This council was designed as an instrument at the service of the executive,[25] given various functions for this end: from the drafting of laws to thecontrol of the administration, consisting of resolving disputes that arise in administrative matters, particularly between citizens and the State.
It consisted of between 30 and 50 members, appointed by the First Consul.[21]
In an effort to weaken the legislative power,[26] it was divided into three organs: two assemblies,[27] theTribunate (French:Tribunat) and theLegislative Body (Corps législatif); and theConservative Senate (Sénat conservateur).
Composed of 100 men over the age of 25 selected by the Senate from the lists of Notability,[28] the Tribunate had the role of discussing laws proposed by the Government. The Tribunate could express its opinion on laws made or to be made, on possible corrections, or improvements to be made in all areas of public administration.[21] The Tribunate then designated three speakers who would defend its position before the Legislative Body.
The Legislative Body was composed of 300 members over the age of 30,[29] selected likewise by the Senate from national lists of notability. It was tasked with voting on the laws discussed by the Tribunate, without being able to modify or discuss them. For this reason, it was sometimes facetiously called the "mute assembly".[30] The Legislative Body then voted for or against the Tribunate's proposal. If adopted, the bill became a "decretal" (French: Décret) of the Legislative Body, able to bepromulgated as law.
TheSénat conservateur comprised 80 members made over the age of 40.[31] This figure of 80 members was to be reached gradually; 60 members were appointed in the Year VIII, to which were to be added two additional members each year, for ten years.[32] The Constitution of the Year VIII explicitly namedSieyès andRoger-Ducos, outgoing Second and Third Consuls, asex officio members of the Senate. They were tasked with appointing the majority of the Senate, in consultation withCambacérès andLebrun, the new Second and Third Consuls.[33]
Unlike the Tribunate and the Legislative Body, the Senate had no role in the legislative process. However, it had significant power over the two assemblies, in elective and constitutional matters.[34]
The Senate, presided by Napoleon himself, names the members of the two assemblies.[21] Its other mission was to ensure the constitutionality of laws; as the "conservator of the Constitution" (from which it gets its name), it could block the promulgation of a text voted by the Legislative Body.[35][36]
Connelly, Owen (2000).The French Revolution and Napoleonic Era. 3rd Edition. Fort Worth, TX: Harcourt. pp. 201–203.
{{cite book}}: CS1 maint: multiple names: authors list (link)He is especially criticized for favoring the concentration of powers around the figure of the First Consul, thus going against the primary meaning of the separation of powers
Ensuite, elle est la première constitution écrite à laquelle n'est pas associée une Déclaration des Droits. (In addition, it is the first constitution written to which is not affixed a declaration of rights)
The Napoleonic practice of inscribing Bonaparte's name in the constitution reflected this personalization of the law. Whereas the revolutionary constitutions had upheld Rousseau's insistence that law remain unsullied by particulars, the Constitution of Year VIII cited the three consuls by name, and the imperial Constitution of Year XII [...] specified the positions of Napoleon's heirs in the line of succession to the throne.
Article 52. - Sous la direction des consuls, un Conseil d'État est chargé de rédiger les projets de lois et les règlements d'administration publique, et de résoudre les difficultés qui s'élèvent en matière administrative.[Article 52. - Under the direction of the consuls, a Council of State is responsible for drafting bills and public administration regulations, and for resolving difficulties that arise in administrative matters.]
Le Sénat devait, par ailleurs, examiner les listes d'éligibles et les actes déférés à sa censure par le Tribunat ou par le gouvernement : il pouvait donc annuler avant leur promulgation les lois et actes du pouvoir exécutif qu'il jugeait inconstitutionnels.[The Senate had, moreover, to examine the lists of eligible persons and the acts referred to its censure by the Tribunate or by the government: it could therefore annul, before their promulgation, the laws and acts of the executive power which it deemed unconstitutional.]
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