French Constitutional Charter of 1826 (Age of Three Empires)

The French Constitutional Charter of 1826 was the fourth constitution in French history. Its principal legacy was to restore the most progressive features of the Constitution sénatoriale and to entrench the concepts of constitutionalism, parliamentarism, and separation of powers in France. It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass legislation.

Adoption of the Charter
On 1826 a coup by sergeants of the French Royal Guard at the Château de Blois obliged the regent Maria Leopoldina of Austria to name a government dominated by the Progressive Party. That government initially superseded the Royal Statute of 1820 by reinstating the Constitution sénatoriale, and called a Constituent Parliament that was also dominated by Progressives, to develop the new Constitutional Charter of 1829. Despite this Progressive domination of the process, the resulting constitution was roughly intermediate between the Constitution sénatoriale, and the Royal Statute of 1820, in hopes of gaining support from the Constitutional Feuillants as well.

It was inspired by the precedents of the French constitutions of 1791, the Royal Statue of 1820, the Dutch constitution of 1814 and English constitutional principles. France was established as a constitutional monarchy and provided for a bicameral Parliament. The upper chamber, modeled after the British House of Lords, consisted of hereditary peers; the chamber of representatives was partially elected and partially appointed by the queen. It stripped the queen of most of her personal authority, empowering the parliament and cabinet of the government.

Powers were separated between the executive, legislative, and judiciary. The Constitution guaranteed the freedoms of expression, education, religion and of the press, though the franchise was severely limited by a property tax qualification. Though liberal in many respects, the constitution also placed the Catholic Church in a privileged position. Despite mandating the separation of Church and State, the Church was given a favoured position while maintaining its independence.

Preamble

 * The Introduction (Articles 1-3): declared that France was "one and indivisible", and mandated the use of French in the armed forces and other public institutions. It also acknowledged the Kingdom of Navarre, the Duchy of Lorraine, and the Grand Principality of Corsica as an "inseparable part of the French state", while ambiguiously acknowledging its special legislative and political status.
 * Chapter One (Articles 3-4): establishes that France is a constitutional monarchy, governed through a parliamentary system that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established France as a centralised unitary state.

Public Law of the French

 * Chapter Two (4-23): concerned the "rights and obligations" of French citizens. The opening twelve articles of the Charter are analogous to a "Bill of Rights". It reaffirms the Declaration of the Rights of Man and of the Citizen. Article 10 determines that all Frenchmen are equal before the law. Article 11 determines that all rights and freedoms must be guaranteed without discrimination. Article 12 guarantees the liberty of the person and stipulates that no one can be prosecuted except in the cases determined by the law and in accordance with the procedures established by law. Article 13 determines that everyone has the right to go to court. Article 14 guarantees the application of the principle of nulla poena sine lege (Latin: "no penalty without a law") Articles 15 of the Constitution guard against unreasonable searches. It determines that the domicile is inviolable and that searches can only take place in the cases and the manner the law prescribes. Article 16 stipulates that no one can be deprived of his or her property except when it's in the public interest, in the cases and the manner the law prescribes, and that fair and prior compensation must be made. Article 17 of the Constitution stipulates that the penalty of forfeiture of (all) assets cannot be instituted. Article 18 further stipulates that the penalty of civil death is abolished, and that it cannot be brought back into force. Articles 19 to 21 guarantee the freedom of religion. Article 19 protects the freedom of religion and the right to exercise it publicly. It also guarantees the freedom of speech by stipulating that everyone has the right to express his or her opinion freely. However, Article 19 also determines that abuses of these freedoms can be punished. Article 22 determines that everyone has the right to respect for his or her private life and for his or her family life. Exceptions can only be instituted by law. Article 22bis stipulates that every child has the right to respect for his or her "moral, physical, mental and sexual integrity". Article 23 protects the right to lead a life in conformity with human dignity.
 * Chapter Three (Articles 23-30) concerns the relationship of the French state to the various religions professed by its subjects. It Roman Catholicism as the sole state religion, and both the monarch and his or her consort were required to profess that religion, while those of other confessions were promised full religious liberty, which was also extended to Huguenots and Jews. Article 24 reaffirms the Civil Constitution of the Clergy, and establishes the privileges of the Church. It addressed the protection of episcopal rights, changed the boundaries of dioceses and regulated the affairs of territories dependent on military orders, ecclesiastical jurisdiction, and the constitution of chapters, benefices, the right of the Church to acquire property and the right of the monarch to appoint to ecclesiastical offices. The right of presentation to certain of the latter was reserved to the Pope; others were left to the queen.Article 25 establishes that Bishops and the clergy under them were to enjoy the same rights in all else that regards their functions, especially concerning the sacred office of ordination. The government agreed to assure the respect due to them and to lend its aid "notably in preventing the publication, introduction or circulation of immoral and harmful books". Article 26 states religious orders of men or women, which to contemplation added some work of charity or public utility (education, care of the sick, missions etc.) were retained or re-established. The French government agreed to pay the salaries of bishops and priests. In addition, it agreed to provide an income to churches and seminaries. And lastly the right of the church to own and acquire new property was recognised. As to property that it had been previously despoiled, whatever property had not been alienated was to be restored, but whatever the state had taken could be sold, and the price invested in government bonds for the benefit of the rightful owner.

The Chambers

 * Chapter Four (Articles 30-56): regulated the modus operandi of the French Parliament. The French Parliament is a bicameral legislature, consisting of a Chamber of Deputies and a Chamber of Peers. The upper chamber, the Chamber of Peers, was composed of life and hereditary peers and clergy appointed by the Queen, on advice of the Prime Minister. The lower chamber, the Chamber of Deputies, was composed of deputies elected to four-year terms by the indirect vote of local assemblies, which in turn were elected by limited suffrage. Male suffrage, which was not determined by property qualifications, favored the position of the commercial class in the new parliament, since there was no special provision for the Church or the nobility. Repeal of traditional property restrictions gave liberals the freer economy they wanted. There was no provision for literacy of voters until 1830, which allowed men in the popular groups access to suffrage. Article 36 further stipulates that each voter has only one vote. In order to be eligible for election one must have French nationality, have the full enjoyment of civil and political rights, be at least 21 years old and be resident in France. No other condition of eligibility can be imposed.
 * Chapter Five (Articles 56-71) concerned the promulgation of laws. Bills could originate in either the Deputies or the Peers; both had to pass a bill for it to stand a chance of becoming law. Either chamber could amend or reject the others' proposals. Article 57 grants the legislative power to the Queen, the Chamber of Peers, and the Chamber of Deputies. However, taxation and appropriations bills were required to originate in the Chamber of Deputies. Article 59). All bills had to be examined by the committees, and had to be approved article by article by both Chambers. Matters passed by the French parliament had to be approved and could be amended by the Queen, since she possessed the sole right to present draft laws to Parliament (Article 58), and the right to grant or withhold assent to laws passed by the Parliament (Article 59). The Queen would sign all bills before they became law, and was granted a royal veto, through withhold of royal assent on the advice of her ministers. The Queen would be obligated to sign all bills repassed by the legislature with a two-thirds majority. Every citizen over the age of 21 had the right to send petitions to the Chambers by way of the proper authorities. The petitions were then examined by the Chambers through their committees to determine if they were worthy of consideration. If they were considered worthy, they were sent to the responsible Minister or offices. The Chamber of Peers and Chamber of Deputies could only hear from their own Members, the Ministers and the Government's Commissioners.The Queen summoned and prorogued Parliament and had the right to dissolve the Chamber of Deputies and call new elections (Article 50).

Constitutional Role of the Crown

 * Chapter Six (Articles 71-90) concerned the royal prerogatives of the crown. Prerogative powers were formerly exercised by the monarch acting on his or her own initiative. The Queen who formally holds executive power, always exercises this power through the ministers in the government, making the role of sovereign fully ceremonial, and she cannot act without the consent of her cabinet. The Queen is responsible for the implementation of the laws passed by the Parliament, the submission of bills to the Parliament and the management of international relations. The monarch sanctions and promulgates all laws passed by Parliament, and issued royal ordinances and edicts for the application of laws, during times when the Parliament was not in session through Order-in-Council. The Queen can issue Proclamations made under the great seal, of some matter which the Queen-in-Council desires to make known to her subjects: e.g., the declaration of war, or state of emergency, the statement of neutrality, the summoning or dissolution of Parliament. The Crown has power to legislate by proclamation provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to "any person's inheritance, offices, liberties, goods, chattels or life", and a proclamation, ordinances, and edicts purporting to be made in the exercise of legislative power by which the sovereign imposes a duty to which the subject is not by law liable, or prohibits under penalties what is not an offence at law, or adds fresh penalties to any offence, is of no effect unless itself issued in virtue of statutory authority. The Queen has the sole power to declare war, make peace and negotiate treaties, as well as the supreme command of the armed forces. The Queen retained the granting of honours, and the regulation of the armed forces. The Queen in Council may pardon criminals after they have been sentenced, except in cases of impeachment. In proceedings on impeachment, he may not pardon the defendant unless the Parliament consents.
 * Chapter Seven (Articles 90-100) regulated the order of succession to the throne. The thrones of Navarre and Lorraine were declared "inseparable" from that of France, while precise rules on succession to the throne were spelled out. Females were eligible to succeed if and only if she has no living brothers and no deceased brothers who left surviving legitimate descendants. A dynast's sons and their lines of descent all come before that dynast's daughters and their lines. Older sons and their lines come before younger sons and their lines. Older daughters and their lines come before younger daughters and their lines. Children born to a marriage between a dynastic Bourbon and a person "not of corresponding dignity" (defined as "not belonging to any royal or sovereign house") were ineligible for the throne, as was any person who inherited the throne while ruling over another nation whose state religion was not Catholicism, if unwilling to renounce that other throne and faith.
 * Chapter Eight (Articles 100-120) concerned issues of regency and guardianship, if the monarch was a minor. The age of majority was established at eighteen, and instructions were given concerning the appointment of a regent and a mandatory regency council, together with the prerogatives exercised by the same. Sixteen executors were to act as Regency Council until she/he reached the age of eighteen. These executors were supplemented by twelve men "of counsail" who would assist the executors when called on.
 * Chapter Nine (Articles 120-123) concerned accession to the throne and the Oath of Allegiance to be sworn by all male citizens of the kingdom, aged twenty and above, each "according to his faith and law".
 * Chapter Ten (Articles 123-126) concerned the coronation and anointing of a new sovereign, which was to take place "according to the rite of the Roman Catholic Church." Explanatory Note 1 at the end of this chapter indicated that the monarch was conjointly crowned King of France and King of Navarre. Explanatory Note 2 required him to recite the Roman Rite according to the Roman Catholic formula, and mandated a specific prayer for him to recite during the ceremony while wearing the Crown of Louis XV and holding the sceptre and orb.
 * Chapter Eleven (Articles 126-127) concerned the many formal titles held by the French sovereign, together with the precise makeup of the French state coat of arms and seal.
 * Chapter Twelve (Articles 127-129) established the economic benefits and privileges of the Crown and the members of the royal family, reaffirming also the Queen's ownership of her assets, which included royal palaces, châteaus and gardens, as well as all Her personal properties. Of these assets the Statute mandated an inventory to be compiled and regularly updated by the responsible Minister.

Her Most Christian Majesty's Government

 * Chapter Thirteen (Articles 129-157) concerns the Council of Ministers. Executive power is exercised by Her Most Christian Majesty's Government, which comprises ministers, primarily the prime minister and the Cabinet, which is technically a committee of the Privy Council. The Queen is responsible for appointing a new prime minister (who by convention appoints and may dismiss every other Minister of the Crown, and thereby constitutes and controls the government). The Ministers, although formally appointed by the Queen, would be drawn from amongst the leaders of the majority in Parliament, and would be required to resign if they lost the confidence of Parliament. Ministers are politically responsible to the Chambers, they were legally responsible to the Queen. In addition ministers can be trialed at the Court of Impeachment for their actions while in government. The Cabinet was not allowed to vote in the Parliament, and the Queen was not allowed to appoint legislators to any other government post. Ministers could be interrogated by either the Chamber of Peers or Deputies for their actions while in office. Ministers have the right to propose laws and decision (in case they are not members of Parliament), and the government is allowed to pardon criminals and mint coins. Under exceptional circumstances, the government can enact temporary laws, which must be reaffirmed by the Parliament as quickly as possible. Regulations, instructions or orders" issued by this council, or any member thereof, could not contradict existing law. In foreign policy, important decisions are taken by the Council on Foreign Affairs, including the ratification of treaties, and the initiation of offensive military operations. A certain type of civil servants have special privileges to prevent corruption.
 * Chapter Fourteen (Articles 157-169) concerns the Ministries. Below the Ministers of the Crown, are the Ministers of State, below them are the secretaries of state (junior ministers) are members of the government, but not part of the Council. Below the secretaries of state were a series of bureaucrats of decreasing rank: Indetants, directors general (directeurs généraux), directors (directeurs), chefs de divisions (division chiefs) and chefs de bureaux (bureau chiefs).

Title V: Of the Judicial Branch
The Constitutional Court, conflict prevention and resolution
 * Chapter Fifteen (Articles 169-175) concerns the organisation of the French court system. It contains the Articles 175 to 159. Article 170 establishes the Court of Cassation. Article 171 establishes the jury for all felonies and for political offences and press-related offences. Article 172 establishes the High Council of Justice and the manner in which judges are appointed. Article 173 establishes thirty four courts of appeal one in each province. Article 174 stipulates that military courts can be created in wartime. It also stipulates that there are Commercial Courts, Labour Courts and so-called Penalty Application Tribunals. Article 175 establishes the Council of State. It also provides that no administrative jurisdiction can be established except by law.

Title VI: Of the Local Governments
The Political Divisions of State


 * Chapter Sixteen (Articles 175-178) establishes four levels of territorial organization: communes and parishes, provinces and departments, the first two groups constituting the subdivisions of the second, and the second group constituting the subdivisions of the last. The State guarantees the realization of the principle of solidarity by endeavouring to establish an economic balance between the different areas of French territory.
 * Chapter Seventeen (Articles 178-180) concerns the departments. Departments constitute the first order (highest) level of territorial organization of France. They are either two or more adjacent provinces with common historical, cultural and economic characteristics, insular territories, and a single province with a historical regional identity. All Departments have a parliamentary form of government. The institutions of government belong to the Sovereign Councils.
 * Chapter Eighteen (Articles 180-186) concerns the provinces. Provinces are the second-level territorial and administrative divisions of France. The province is a local entity with legal personality constituted by the aggregations of communes and parishes. The governance of provinces is carried out by the Provincial parlements, with the exceptions of those departments consisting of a single province, in which case, the institutions of government of the autonomous community replace those of the province; and the Basque Country and Corsica, in which the provinces are constituted as "historical territories are in charge of both the political and fiscal administration of the territories.
 * Chapter Nineteen (Articles 186-195) concerns the communes and parishes. Communes and Parishes constitute the lowest level of territorial organization in the country, and are guaranteed a measure of autonomy by the charter. This means that there are two types of devolved entities at the same level, with neither taking precedence over the other. The administration of the municipalities corresponds to mayors and councillors, who are elected by universal suffrage.