French Constitution of 1852
This article needs additional citations for verification. (January 2024) |
French Constitution of 1852 | |
---|---|
Original title | (in French) Constitution française de 1852 |
The French Constitution of 1852 was enacted on 14 January 1852 by
Adoption
Louis Napoléon effectively brought an end to the
His coup was ratified by
The Prince-President
The constitution rejected the
Louis Napoléon was persuaded that democracy needed to be incarnated in a man, and the Constitution of 1851 was a return to the democratic
Division of powers
Personal government
The constitution extended the president's term to 10 years, with no term limits. Under the provisions of the constitution, Louis-Napoléon Bonaparte was automatically reelected to a fresh term as president.
The president was vested with sweeping executive powers. He was commander-in-chief of the armed forces, and had the powers of clemency and amnesty, as well as the ability to enact and sign treaties. He also appointed and dismissed governmental ministers and dissolved the Legislative Body.
He was assisted by the
Under Article 4 of the constitution, he could initiate, sign or veto any legislation or senate decree ("senatus-consulte").
In practice, so much power was concentrated in the president's hands that when the Second Empire was proclaimed, the only substantive changes were the replacement of the word "president" with the word "emperor," and the provision that the emperor's post was hereditary.
Weakened assemblies
The two French parliamentary assemblies were highly controlled and had limited powers.
The Corps législatif (Legislative Body – the same name had been used for the French legislature during the French Consulate and First French Empire from 1799–1814), comprised 260 deputies (representatives) elected for 6 years by direct universal suffrage, but gerrymandering of the election districts ("circonscriptions") and the system of "official candidates" favored partisans of the president/emperor. The Legislative Body could neither amend laws nor censure the actions of the ministers, and had no legislative autonomy, as its president and its rules were designated by the government.
The
Evolution towards a parliamentary regime
Over time, various decrees and the "senatus-consulte" modified the constitution and progressively increased the power of the assemblies. In 1860, Napoleon III permitted the Senate and Legislative Body to once again have the right to air their opinions and grievances on the acts of the government. In 1861, the Legislative Body began to publish its debates; in 1867 it gained the power to direct questions to the government; in 1869, it gained the power to initiate and amend legislation.