Constitutional Charter of 1815 (Reign of Kings)

The **Constitutional Charter of 1815** is one of two fundamental documents governing the Kingdom of France as well as the fundamental law of the European territory of the Kingdom of France. It was a legal document prepared by Jacobites to strip the French monarchy of much of its authority, initiating a transfer of power to Parliament. It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass legislation. However at the same time due to Ultra-Royalists sentiments it changed the power of the king and changing the way the kingdom's legislature worked. It became known as the **Bayonet Charter** for the use of intimidation by the armed militia which forced King Louis XVII to sign it or be deposed.

The Kingdom of France also includes Guadeloupe, Martinique, Réunion, French Guiana and Mayotte; there is an overarching instrument of the entire kingdom that has constitution characterisics: the Statute of the Kingdom of France.

## Provisions

* **The Introduction** (Articles 1-3) : The preamble of the constitution recalls the *Declaration of the Rights of Man and of the Citizen* from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people, and established a constitutional monarchy with a parliamentary system.

### The French and their rights

* **Chapter One** (Articles 3-6)**:** Title II of the French Constitution is titled *The French and their rights*. Articles 8-30 It affirmed national sovereignty, separation of powers, freedom of the press, free enterprise, abolished corporate privileges, and established a constitutional monarchy with a parliamentary system. It was one of the first constitutions that allowed universal male suffrage, with some exceptions, through a complex indirect electoral system.
* **Chapter Two** (Articles 6-9): The 1815 Charter made significant changes to voting requirements. Voters had to pass a literacy test, but 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.

### The Federal Parliament

* **Chapter Three** (Articles 9-57): Regulated the *modus operandi* of the Chamber of Peers and Chamber of Deputies. The Chamber of Peers consists of life peers who are appointed by the monarch on the advice of the Prime Minister. Up to one-half of the membership of the Chamber of Peers are Peers Spiritual, who are ecclesiastics, and Peers Temporal who come from the nobility. The Chamber of Deputies consists of Deputorial Procureurs, were to be elected for a five-year terms. The Procureur-Général of the Chamber of Deputies was appointed by the King from a list of five members presented by the Chamber (Article 56), while the Chamber of Peers was presided over by the Grand Chancellor of France, an official appointed by the King (Article 57).
* **Chapter Four** (Articles 57-90): Concerned the promulgation of laws. Article grants the federal legislative power to the King and the Federal Parliament. Although it states that the federal legislative power must be exercised jointly by its three components, in practice only the Federal Parliament, exercises the federal legislative power. Article 47 determines the cases in which the federal legislative power is exercised only by the King and the Chamber of Deputies, and not by the Chamber of Peers. 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. The King possessed the sole right to present draft laws to Parliament (Article 66), and the right to grant or withhold assent to laws passed by the Parliament (Article 67). In addition the King was allowed a royal veto to balance out the interests of the people, any bills vetoed by the King and then repassed by the parliament with a two-thirds majority would automatically become law without the signature of the King. However taxation and appropriations bills were required to originate in the Chamber of Deputies, while the Parliament had sole power over the budget and state incomes and expenses (articles 75-87) including military burdens (article 88). While article 89 permitted the King to issue edicts approved in the Council of Ministers, during times when the Parliament was not in session. However, these lost their validity if not introduced to the Parliament within two months of its convocation, or if the new Parliament refused to confirm them. This article furthermore prohibited the King from using this authority to change the Charter itself, or to change the laws for election to Parliament. The King summoned and prorogued Parliament and had the right to dissolve the Chamber of Deputies, with the provision that a new Chamber must be convened within four months of its dissolution.

### The Monarchy

#### ***Constitutional role of Crown***

* **Chapter Five** (90-135): Defines the constitutional powers of the King, which can only be exercised through the ministers, who are responsible for all acts, thus removing any political or legal liability from the monarch, and made the monarchy little more than a figurehead position. The King is responsible for the appointment of ministers, the implementation of the laws passed by the Federal Parliament, the submission of bills to the Federal Parliament and the management of international relations. The King heads the cabinet councils (the king plus the members of the government), heading the Council on Foreign Affairs, recognizing new cabinets (in the Privy Council). The King sanctions and promulgates all laws passed by Parliament, and issued the ordinances and regulations necessary "for the application of laws". The King has power to legislate by proclamation in the exercise of legislative power; provided that proclamations made by the king with the assent of the council (King-in-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 is of no effect unless itself issued in virtue of statutory authority (Order-in-Council). The King had the sole power to declare war, make peace and negotiate treaties, as well as the supreme command of the armed forces. The King also retained authority over the minting of money, as well as the right to declare bank holidays. The King can issue Royal Statutes to the conduct of foreign affairs and other sworn executive duties. These may be, but are not limited to, matters of international trade, the execution of set export controls, the establishment of tariffs, or the reservation of federal lands for the benefit of the public in some manner.
* **Chapter Six** (135-136): Regulated the order of succession to the throne in accordance with the Salic law, which effectively limited succession to male members of the royal family. The thrones of Navarre and Corsica were declared "inseparable" from that of France, while precise rules on succession to the throne were spelled out. Article 64 establishes that 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 Roman Catholicism, if unwilling to renounce that other throne and faith.
* **Chapter Seven** (136-137): Concerned issues of regency and guardianship, if the king was a minor. The age of majority was established at thirteen, and instructions were given concerning the appointment of a regent and a mandatory regency council, together with the prerogatives exercised by the same.
* **Chapter Eight** (Articles 137-138)**:** Articles concerned the coronation and anointing of a new king, which was to take place "according to the rite of the roman catholicism". Explanatory Note 1 at the end of this chapter indicated that the king was conjointly crowned King of France and King of Navarre. During a week before the coronation an ''enthronement mass'' was required, the King was required to swear before both Chambers to act in accordance with the Charter.

### King and ministers

#### ***French Federal Government***

* **Chapter Nine** (Articles 138-145)**:** Concerned the composition and the functioning of the Federal Government, mainly the Council of Ministers, consisting of Ministers of State, and was a committee of the Privy Council. The King 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 prime minister appoints members of the government, including heads of ministries. The government collectively decides on issues after hearing the report of the head of the ministry concerned. At least five members of the government need to be present for a decisional quorum to be made.
* **Chapter Ten** (Articles 145-160): Concerned the Council of Ministers. The King cannot act without the consent of his cabinet and gave the legislature, the power to dismiss the cabinet instead of the king. His cabinet ministers were not allowed to interfere with nor assist one another; and Ministers were politically responsible solely to the king, who appointed them. However, they were legally responsible to the Parliament, who may be interrogated and dismiss by parliament. "Regulations, decrees, or ministerial orders" issued by this council, or any member thereof, could not contradict existing law.
* **Chapter Eleven** (Articles 160-171): Concerned the Council of State. The Council of State acts both as legal adviser of the executive branch and as the supreme court for administrative justice, and is a committee of the Privy Council.The King and the Cabinet attend regular meetings in the Council of State, where royal assent is given, and the king is regularly briefed on the political situation by the Prime Minister and Foreign minister. The king was free to choose councillors of state, but was bound to decide on governmental matters only in presence of the Council of State, and after report of the councillor responsible for the matter in question.

### Courts

* **Chapter Twelve** (Articles 171-190): Concerned the organisation of the French court system. The Charter does not stipulate how the courts are to be organized. Instead, this is regulated by statute In the normal court system, there are Lower courts, Superior courts, and the Constitutional Court. Article 174 establishes the Court of Cassation. Article 178 establishes the jury for all felonies and for political offences and press-related offences. Article 181 establishes the High Council of Justice and the manner in which judges are appointed. Article 186 establishes 12 courts of appeal. Article 190 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.

### Local Government

* **Chapter Thirteen** (190-200): Concerned the local governments. Article 191 establishes establishes three levels of **territorial organization**: Communities, Provinces and Departments, the first group constituting the subdivisions of the second, and the second group constituting the subdivisions of the last. Articles 192 states that departments are is administered by elected Parliaments, led by Intendants. The governance of provinces is carried out by Provincial Councils, led by a High Commissioner. Constituencies are governed by mayors and councillors.
* **Chapter Fourteen** (200-210): Concerned the Kingdoms of Navarre and Corsica. Which are declared autonomous communities in personal union with France, and self-government granted only to the "historical nationalities". The highest official in the autonomous community was the Lord Lieutenant, appointed by King. The Lord Lieutenant had both executive and legislative authority. The Sovereign Councils advised the Lord Lieutenant in the running of the community. The Autonomous Parliaments of Navarres and Corsica had legislative powers and was led by the First Minister.
* **Chapter Fifteen** (200-214): Outlines the relations among the territories and between each and the federal government. They were responsible for the registration of laws passed by the Federal Parliament. It provides that state courts are bound by, and state statutes subordinate to, the supreme law. However, federal statutes and treaties are *supreme* only if they do not contravene the Constitutional Charter of 1815.