The constitutions of France are the various foundational texts that have organized the institutions of France at different periods of its history. These may be known under various names – constitution, charter, constitutional laws or acts – and take precedence over other legislative texts. The constitutional text currently in force in France is the constitution of 1958, which founded the Fifth Republic. It was approved by the people in a referendum on September 28, 1958, and officially promulgated on October 4 of the same year.

History

The constitutional history of France is made up of many changes that have led to experimentation with a large number of political regime types since the

French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are conside ...

, ranging from an (such as the

National Convention The National Convention (french: link=no, Convention nationale) was the parliament of the Kingdom of France for one day and the French First Republic for the rest of its existence during the French Revolution, following the two-year Nation ...

) to reactionary dictatorship (such as the Second Empire or

Vichy regime Vichy France (french: Régime de Vichy; 10 July 1940 – 9 August 1944), officially the French State ('), was the fascist French state headed by Marshal Philippe Pétain during World War II. Officially independent, but with half of its ter ...

), which are probably the two of the most opposite regime types possible.

Precursors

The

Kingdom of France The Kingdom of France ( fro, Reaume de France; frm, Royaulme de France; french: link=yes, Royaume de France) is the historiographical name or umbrella term given to various political entities of France in the medieval and early modern period. ...

, under the ''

Ancien Régime ''Ancien'' may refer to * the French word for " ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...

'', was an

absolute monarchy Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constituti ...

and lacked a formal constitution; the regime essentially relied on custom. That said, certain rules known as the fundamental laws of the Kingdom were outside the power of the monarch to change without further consent. These rules were mainly about the inheritance of the Crown, which required strict

primogeniture Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...

unless the heir was not Catholic, and from the

Treaty of Troyes The Treaty of Troyes was an agreement that King Henry V of England and his heirs would inherit the French throne upon the death of King Charles VI of France. It was formally signed in the French city of Troyes on 21 May 1420 in the aftermath of ...

onward was strictly

agnatic Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...

(male-only) as well. The Parlement of Paris, a primarily judicial body with quasi-legislative functions that was tasked with applying the fundamental laws, rarely brooked modification of the laws. For instance,

Louis XIV Louis XIV (Louis Dieudonné; 5 September 16381 September 1715), also known as Louis the Great () or the Sun King (), was List of French monarchs, King of France from 14 May 1643 until his death in 1715. His reign of 72 years and 110 days is the Li ...

tried by his will and testament to change the inheritance order, but the ''Parlement'' annulled it. On the other hand, the law was occasionally changed, as when the provisions of the

Peace of Utrecht The Peace of Utrecht was a series of peace treaties signed by the belligerents in the War of the Spanish Succession, in the Dutch city of Utrecht between April 1713 and February 1715. The war involved three contenders for the vacant throne ...

renouncing the claim of Louis XIV's grandson Philippe to inherit the throne of France were approved to allow him to inherit the throne of Spain.

List of constitutions

The Revolutionary Era saw a number of constitutions: * Constitution of 1791, which established a parliamentary monarchy (

September 3 Events Pre-1600 *36 BC – In the Battle of Naulochus, Marcus Vipsanius Agrippa, admiral of Octavian, defeats Sextus Pompey, son of Pompey, thus ending Pompeian resistance to the Second Triumvirate. * 301 – San Marino, one of t ...

, 1791). *

Constitution of 1793 The Constitution of 1793 (french: Acte constitutionnel du 24 juin 1793), also known as the Constitution of the Year I or the Montagnard Constitution, was the second constitution ratified for use during the French Revolution under the First Repu ...

( French Republican calendar), which was never implemented (

June 21 Events Pre-1600 * 533 – A Byzantine expeditionary fleet under Belisarius sails from Constantinople to Vandalic War, attack the Vandals in Africa, via Greece and Sicily (approximate date). *1307 – Külüg Khan is enthroned as Khaga ...

of 1793). * Constitution of the Year III, which instituted the Directorate (5

Fructidor Fructidor () is the twelfth month in the French Republican Calendar. The month was named after the Latin word ''fructus'', which means "fruit". Fructidor is the third month of the summer quarter (''mois d'été''). By the Gregorian calendar, ...

of Year III = 28 July 1795). * Constitution of the Year VIII, which instituted the

Consulate A consulate is the office of a consul. A type of diplomatic mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth co ...

(22 Fructidor of the Year VIII = 13 December 13 1799). * French Constitution of Year X, still during the

(16 Thermidor of Year X = 2 August of 1802). *

Constitution of the Year XII The Constitution of the Year XII (), also called the Organic Sénatus-consulte of 28 Floréal, year XII (), was a national constitution of the First French Republic adopted during the Year XII of the French Revolutionary Calendar (1804 in the G ...

, which instituted the

First Empire First Empire may refer to: *First British Empire, sometimes used to describe the British Empire between 1583 and 1783 *First Bulgarian Empire (680–1018) *First French Empire (1804–1814/1815) * First German Empire or "First Reich", sometimes use ...

(28 Floreal of the year XII = 18 May 18 1804). Following the restoration of the Monarchy: * Charter of 1814 of 4 June 1814 established the

Bourbon Restoration Bourbon Restoration may refer to: France under the House of Bourbon: * Bourbon Restoration in France (1814, after the French revolution and Napoleonic era, until 1830; interrupted by the Hundred Days in 1815) Spain under the Spanish Bourbons: * Ab ...

. * Additional act to the constitutions of the Empire of 22 April 1815 (

Hundred Days The Hundred Days (french: les Cent-Jours ), also known as the War of the Seventh Coalition, marked the period between Napoleon's return from eleven months of exile on the island of Elba to Paris on20 March 1815 and the second restoratio ...

). * Constitutional charter of 14 August 1830 established the

July Monarchy The July Monarchy (french: Monarchie de Juillet), officially the Kingdom of France (french: Royaume de France), was a liberal constitutional monarchy in France under , starting on 26 July 1830, with the July Revolution of 1830, and ending 23 ...

. Mid-19th Century: * Constitution of 1848 adopted 4 November 1848, established the Second Republic * Constitution of 1852 adopted 14 January 1852, established the Second Empire * Constitutional Laws of 1875 of the Third Republic, 24 and 25 February, and 16 July 1875 20th Century: * Constitutional Law of 1940 established

Vichy France Vichy France (french: Régime de Vichy; 10 July 1940 – 9 August 1944), officially the French State ('), was the fascist French state headed by Marshal Philippe Pétain during World War II. Officially independent, but with half of its t ...

. * The , adopted 1945, organized the

Provisional Government of the French Republic The Provisional Government of the French Republic (PGFR; french: Gouvernement provisoire de la République française (''GPRF'')) was the provisional government of Free France between 3 June 1944 and 27 October 1946, following the liberatio ...

* Constitution of 1946, 27 October 27 1946 established the Fourth Republic. * Constitution of 1958, 4 October 4 1958, established the Fifth Republic).

Preamble

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore non-binding until a major jurisprudential reversal by the Constitutional Council in a decision of 16 July 1971. Decision no. 71-44 DC, known as "Liberté d'association" ("Freedom of association"): https://www.conseil-constitutionnel.fr/en/decision/1971/7144DC.htm This decision, which began with the words "Having regard to the constitution and its preamble," affected a considerable change of French constitutional law, as the preamble and the texts it referred to, the

Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revol ...

of 1789 and the preamble to the constitution of the Fourth Republic, took their place alongside the constitution proper as texts understood as being invested with constitutional value. The Charter of the Environment of 2004 was later appended to the preamble, and the Constitutional Council identified three informal categories consisting of the fundamental principles recognized by the laws of the Republic, the , and the .

Timeline diagram

References

;Notes ;Footnotes

External links

{{Constitutions of Europe Constitutions of France Legal history of France

Government of France Political charters Popular sovereignty