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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 pr ...
of
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 ...
, adopted on 24 December 1799 (during Year VIII of the French Republican calendar), which established the form of government known as the Consulate. 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'' ove ...
(9 November 1799) had effectively given all power to Napoleon Bonaparte, and in the eyes of some, ended the French Revolution. After the coup, Napoleon and his allies legitimized his position by crafting the "short and obscure Constitution of the Year VIII" (as Malcolm Crook has called it). The constitution tailor-made the position of First Consul to give Napoleon most of the powers of a dictator. It was the first constitution since the 1789 Revolution without a Declaration of Rights. The document vested executive power in three Consuls, 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 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' ...
(1795-1799), but resembled the autocratic Roman Republic of Caesar Augustus, a conservative 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", "Senator" and " Tribune". The Constitution of Year VIII established a legislature of three houses, which was composed of a
Conservative Senate 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 ...
of 80 men over the age of 40, a Tribunate 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 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 A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
, 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 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, 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 the G ...
, established the Bonaparte dynasty with Napoleon as a hereditary Emperor. The first, brief
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 ...
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 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.


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