Constitution of the Year VIII
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The Constitution of the Year VIII (french: Constitution de l'an VIII or french: Constitution du 22 frimaire an VIII) was a national
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
of
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
, adopted on 24 December 1799 (during Year VIII of the French Republican calendar), which established the form of government known as 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 c ...
. The coup of
18 Brumaire The Coup d'état of 18 Brumaire brought Napoleon Bonaparte to power as First Consul of France. In the view of most historians, it ended the French Revolution and led to the Coronation of Napoleon as Emperor. This bloodless ''coup d'état'' over ...
(9 November 1799) had effectively given all power to
Napoleon Bonaparte Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader wh ...
, and in the eyes of some, ended 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 coup of 18 Brumaire, November 1799. Many of its ...
. After the coup, Napoleon and his allies legitimized his position by crafting the "short and obscure Constitution of the Year VIII" (as
Malcolm Crook Malcolm Crook is Professor of French history at Keele University and is editor of the journal ''French History''. He is also a trustee of the Historical Association and The Society for the Study of French History The Society for the Study of ...
has called it). The constitution tailor-made the position of First Consul to give Napoleon most of the powers of a
dictator A dictator is a political leader who possesses absolute power. A dictatorship is a state ruled by one dictator or by a small clique. The word originated as the title of a Roman dictator elected by the Roman Senate to rule the republic in tim ...
. It was the first constitution since the 1789 Revolution without a Declaration of Rights. The document vested executive power in three
Consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
s, but all actual power was held by the First Consul, Bonaparte. This differed from Robespierre's republic of 1792 to 1795 (which was more radical), and from the
oligarchic Oligarchy (; ) is a conceptual form of power structure in which power rests with a small number of people. These people may or may not be distinguished by one or several characteristics, such as nobility, fame, wealth, education, or corporate, r ...
liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
republic of the
Directory Directory may refer to: * Directory (computing), or folder, a file system structure in which to store computer files * Directory (OpenVMS command) * Directory service, a software application for organizing information about a computer network's u ...
(1795-1799), but resembled the
autocratic Autocracy is a system of government in which absolute power over a state is concentrated in the hands of one person, whose decisions are subject neither to external legal restraints nor to regularized mechanisms of popular control (except per ...
Roman Republic The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Ki ...
of Caesar Augustus, a
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
republic-in-name, which reminded the French of stability, order, and peace. To emphasize this, the authors of the constitutional document used classical Roman terms, such as "
Consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
", "Senator" and "
Tribune Tribune () was the title of various elected officials in ancient Rome. The two most important were the tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs acted as a check on th ...
". The Constitution of Year VIII established a legislature of three houses, which was composed of a Conservative Senate of 80 men over the age of 40, a
Tribunat The was one of the four assemblies set up in France by the Constitution of Year VIII (the other three were the Council of State, the and the ). It was set up officially on 1 January 1800 at the same time as the . Its first president was the hi ...
e of 100 men over the age of 25, and a Legislative Body (
Corps législatif The was a part of the French legislature during the French Revolution and beyond. It is also the generic French term used to refer to any legislative body. History The Constitution of the Year I foresaw the need for a ''corps législatif''. ...
) of 300 men over 30 years old. The Constitution also used the term "
notables An Assembly of Notables (French: ''Assemblée des notables'') was a group of high-ranking nobles, ecclesiastics, and state functionaries convened by the King of France on extraordinary occasions to consult on matters of state. Assemblymen were ...
". The word "notables" had been in common usage under the monarchy. It referred to prominent, "distinguished" men — landholders, merchants, scholars, professionals, clergymen and officials. The people in each district chose a slate of "notables" by popular vote. The First Consul, the Tribunate, and the ''Corps 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, the ''Corps Législatif'', the judges of cassation, and the commissioners of accounts from the slate of notables. Napoleon held a 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 Lucien Bonaparte, 1st Prince of Canino and Musignano (born Luciano Buonaparte; 21 May 1775 – 29 June 1840), was French politician and diplomat of the French Revolution and the Consulate. He served as Minister of the Interior from 1799 to 1800 ...
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. This Constitution was amended, firstly, by the
Constitution of the Year X The Constitution of the Year X (french: Constitution de l'an X) was a national constitution of France adopted during the Year X (10) on 16 Thermidor (4 August) of the French Revolutionary Calendar (1802 in the Gregorian calendar). It amended th ...
, which made Napoleon First Consul for Life. A more extensive alteration, the
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 th ...
, established the Bonaparte dynasty with Napoleon as a hereditary Emperor. The first, brief Bourbon 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 on his return to power. The return of
Louis XVIII Louis XVIII (Louis Stanislas Xavier; 17 November 1755 – 16 September 1824), known as the Desired (), was King of France from 1814 to 1824, except for a brief interruption during the Hundred Days in 1815. He spent twenty-three years in ...
in July 1815 (following the Hundred Days) saw the definitive abolition of Napoleon's constitutional arrangements. The Napoleonic constitutions were completely replaced by the Bourbon
Charter of 1814 The French Charter of 1814 was a constitutional text granted by King Louis XVIII of France shortly after the Bourbon Restoration, in form of royal charter. The Congress of Vienna demanded that Louis bring in a constitution of some form before he ...
.


Timeline of French constitutions


Sources

Connelly, Owen (2000). ''The French Revolution and Napoleonic Era''. 3rd Edition. Fort Worth, TX: Harcourt. pp. 201–203.


References


External links


Constitution of the Year VIII
{{Constitutions of France 1799 documents 1799 events of the French Revolution 1799 in law Defunct constitutions Constitutions of France Legal history of France French Consulate Napoleon