Constitution of year VIII

The constitution of the 22 frimaire year VIII is the constitutional text of the Consulat. It devotes the desire of order of the middle-class and that of personal capacity of Napoleon Bonaparte.

Adoption

Bonaparte, after the refusal of the the Council of the Five hundred to revise the Constitution of Year III, makes the Coup d'etat of the 18 brumaire year VIII and seizes the power with Sieyès and Roger Ducos, establishing a provisional consulate.

It works out with Sieyès a news Constitution intended to ensure a Executive power extremely and concentrated in the hands of Bonaparte. The assemblies indicated each one a commission for the current legal affairs and the preparation of a new constitution. Many meetings take place in November and at the beginning of December, Bonaparte intervenes to accelerate the things.

The constitution of Year VIII is written in 11 days by Daunou which belongs to the group of the ideologists (of the hostile liberal republicans to the Jacobinism). It is promulgated on December 15th, 1799 and is then ratified by Plébiscite in February 1800.

New constitutional order

The constitution of Year VIII marks a rupture with the preceding constitutions. It makes it possible Napoleon to exert a personal power by maintaining an illusion of democracy. It is a text before any technique which defines mainly the capacities of the First Consul.

Thus as Sieyes wishes it, " Confidence comes from in bottom, but the capacity comes from in haut".

The illusion of democracy

The absence of declaration of the rights

Contrary to the preceding republican Constitutions one does not find a declaration of the rights and freedoms. However certain rights are marked in the general provisions, like the inviolability of the residence to reassure the middle-class, the safety of the people and the right of petition.

The electoral system

The male vote for all is founded but the electoral system does not allow the expression of the citizens. Indeed, the elections are removed, the citizens do not elect representatives but are restricted to present lists of notabilities . They are lists of candidates from which the members of the Assemblies, the consuls and the officials will be appointed or elected by the Government or the Senate.

The vote for all is with three degrees.

the voters of each canton indicate 1/10e of them to draw up the list of district. This list makes it possible to choose the civils servant of the district. These members still indicate 1/10e of them to draw up the departmental list.
the departmental list makes it possible to choose the civils servant of the department. These members still indicate 1/10e of them to constitute the national list.
the national list makes it possible to choose the national civils servant of which members of the legislative Body and Tribunat.

The reality of the personal capacity

The constitution seems cut for Bonaparte. Napoleon Bonaparte, is made extremely rare, designated explicitly by the Constitution like first Consul. There are always three consuls but contrary to the Directory, the two others have nothing any more but one advisory capacity.

Its capacities are considerable. It names with the principal public office and it has some to be able of legislative matter initiative. In the same way, the first consul finds himself equipped with important capacities for the diplomacy and out of military matter.

Constitutional bodies

The executive marginalized during the revolution holds from now on the reality of the capacity, helped in that by the role of the Council of State. The legislature is weakened by its division between three Assemblies: the Senate, the Tribunat and the legislative Body.

A powerful executive

Government by three consuls

There are three consuls named for ten years and indefinitely re-eligible by the Senate. The second and the third consul who can only make known their opinion, the reality of the capacity belongs to the First Consul who has also a great part of the legislative power. He proposes and promulgates the laws, names and revokes the ministers and the fontionnaires and is not responsible in front of anybody.

The first three consuls appointed by the Constitution of year VIII are Napoleon Bonaparte, Jacques-Governed of Cambacérès, Charles-François Lebrun.

Council of State

The Council of State is the legal adviser of the government. It is a purely technical assembly with between 30 and 50 members named by the first consul starting from the national list.

He is consulted by the 1st Consul for all the bills and of payment, because its principal function is the preparation of the laws. It must also defend these projects in front of the legislative Body.

A parcelled out legislative power

The purpose of the parcelling out is to weaken the legislative power. Its competences are reduced. None the assemblies holds the initiative of the laws.

Tribunat

Tribunat is composed of 100 deputies elected for five years, renewed by 1/5e. It is charged to discuss the bills and to deliver its opinion without being able to vote.

The legislative Body

The legislative Body, composed of 300 members, votes the bills without discussing them. The members are also elected for five years by 1/5e by it.

The preserving Senate

The Senate is not at the beginning a legislative body. Indeed, it is charged to maintain the constitution by cancelling the anticonstitutional administrative acts. It must elect the members of the legislative Body and Tribunat starting from the national list, the judges of cassation and the police chiefs with accountancy.

It is composed of 80 members. The 60 first named by Bonaparte co-opt the 20 others. The members are irremovable and must be at least 40 years old. It is composed at the beginning of co-opted members, then named on proposals of the assemblies.

This “assembly of wise” gradually will write legislative texts, the senatus consult.

Consulate with life

Bonaparte founds the Consulate with life with the Constitution of Thermidor 16 An X which still reinforces its capacities. -----

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