French Constitution of 1868

The French Constitution of 1868 was the sixth constitution of the constitutions of France, to emerge from the turbulent period in French history of 1814-1873, and the last and current constitution of France, Since then France has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica.

An compromise between royalist conservatives and republican progressives. The main principle of the Constitution was to limit the King's power. It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass legislation. The Constitution of 1849 established a bicameral parliament, consisting of the Chamber of Peers and the Chamber of Deputies.

Preamble

 * 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 Two (Articles 3-6): Title II of the French Constitution is titled The French and their rights. Articles 8-30 establishes national sovereignty, separation of powers, freedom of the press, free enterprise, established public education from primary school through university, freedom of the press, maintained Roman Catholicism as the state religion. while those of other confessions were promised full religious liberty, which was also extended to "Jews, and Huguenots.

The Powers

 * Chapter Three (Articles 6-42): Title III of the French Constitution is titled The Powers. It consists of Articles 33 to 166 and is subdivided into three provisions, which are further subdivided into four sections. It is by far the largest title of the Constitution. In this title, the French system of government is outlined, in accordance with the principle of the Trias Politica.

Provision 1 of the Chamber of Peers

 * §1: Concerned the Chamber of Peers, the Chamber of Peers was elected by part of the provincial councillors, department councillors, mayors, municipal councillors in large communes, with candidates drawn by the provincial parlements, and approved by the king.

Provision 2 of the Chamber of Deputies

 * § 2: Concerned the Chamber of Deputies, the Chamber of Deputies was elected by universal male suffrage, through a complex indirect electoral system. In principle, there is a federal election every 4 years, but it is possible that the Federal Parliament is dissolved early and that thus early elections are held.

Provision 5 of the Procedures

 * §3: Concerned the promulgation of laws. Article 34 grants the federal legislative power to the King, the Chamber of Peers, and the Chamber of Deputies. Although it states that the federal legislative power must be exercised jointly by its three components, in practice only the Federal Parliament, which consists of the Chamber of Deputies and the Chamber of Peers, exercises the federal legislative power. However, laws still require the King's signature. While Article 44 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. Article 46 stipulates that each branch of the federal legislative power has the right of initiative. This means that both the members of the Chamber of Deputies or of the Chamber of Peers and the King, in practice the Federal Government, have the right to propose bills.
 * §4: Regulated the modus operandi of the Chambers. Both were required to meet at least once per year, with the the King having the right to summon and prorogued Parliament. Both houses possessed equal rights in legislative matters, while either or both of them could be dissolved at any time by the king,at the request of Parliament and the prime minister, though new elections for the Chamber of Deputies must be announced at the same time as its dissolution. Both houses possessed the right of legislative initiative, save in respect to the constitution itself; amendments to the constitution.

Constitutional role of the Bourbon Monarchy

 * Chapter Five (Articles 85-114): Which is titled The King and the Federal Government, consists of the Articles 85 to 114. And is further divided into three subsections. It defines the constitutional powers of the King, which are, in practice, exercised by his ministers subject to parliamentary control. The King as the head of state, holds great de jure power, but de facto only serves as a figurehead who is not interfering in politics. The King formally holds executive power and co-jointly with the Parliament, legislative power, since each new law requires royal assent. By article 113, the powers vested in the monarch can only be exercised through the ministers, who are responsible for all acts, thus removing any political or legal liability from the King. The monarch and the Cabinet attend regular meetings in the Council of State, where royal assent is given, and the monarch is regularly briefed on the political situation by the Prime Minister and Foreign minister.
 * § 1 Legislative power of the crown: concerned the legislative powers of the king, this power includes the appointment and dismissal 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 sanctions and promulgates all laws passed by Parliament.
 * § 2 Executive power of the crown: concerned the executive powers of the king, the king issued the ordinances and regulations necessary "for the execution of the laws and the security of the state", the council of state was given the power to frame ordinances for the king to approve, the king was given a suspensive veto allowing him to veto any laws for a period of four years. The King had charge over France's administrative and external affairs, and 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.
 * §3 Judicial Power of the crown: The King can grant clemency and commute sentences, and appointed the judges to the High Council of Justice.
 * Chapter Seven (Articles 69-83): 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 Andorra were declared "inseparable" from that of France, while precise rules on succession to the throne were spelled out. Article 85 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 Eight (Articles 83-84): 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 Nine (Articles 84-86): Articles concerned the coronation and anointing of a new sovereign, 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.
 * Chapter Ten(Articles 98-119): Required that the month before the coronation of the monarch, the king was to have a day of Acclamation, which the king had an "Enthronement Mass" in which was he was enthroned in a simple ceremony at the throne room of his residence, where he swears to the constitution. The crown jewels were displayed on cushions to the right and left of the royal throne, but were never given to the king. The King made an accession speech, which comprised the main purpose of the undertaking.

French Federal Government

 * Chapter Eleven (Articles 120-124): concerned the composition and the functioning of the Federal Government. Article 96 provides that the King appoints and dismisses his ministers. 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 is itself appointed after advice from the leaders of the political parties of Parliament.
 * Chapter Twelve (Articles 124-130): concerned the Council of Ministers, which was a committee of the Crown Council, and is responsible to parliament for their actions. "Regulations, instructions or orders" issued by this council, or any member thereof, could not contradict existing law. Ministers could be interrogated by Parliament for their actions while in office, but only with the assent of the king could they be removed.

The Courts

 * Chapter Thirteen ( Articles 130-150) concerned the organisation of the French court system. It contains the Articles 144 to 159. Article 147 establishes the Court of Cassation. Article 150 establishes the jury for all felonies and for political offences and press-related offences.Article 151 establishes the High Council of Justice and the manner in which judges are appointed.