Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
_The Consulate and the Empire._--The constitutional law of the Consulate
and the Empire is to be found in a series of documents called later the
_Constitutions de l'Empire_, the constitution promulgated during the
Hundred Days being consequently given the name of _Acte additionnel aux
Constitutions de l'Empire_. These documents consist of (1) the
Constitution of the 22nd Frimaire of the year VIII., the work of Sieyes
and Bonaparte, the text on which the others were based; (2) the
_senatus consulte_ of the 16th Thermidor in the year X., establishing
the consulate for life; and (3) the _senatus consulte_ of the 28th
Floreal in the year XII., which created the Empire. These constitutional
acts, which were all, whether in their full text or in principle,
submitted to the popular vote by means of a _plebiscite_, had all the
same object: to assure absolute power to Napoleon, while preserving the
forms and appearance of liberty. Popular suffrage was maintained, and
even became universal; but, since the system was that of suffrage in
many stages, which, moreover, varied very much, the citizens in effect
merely nominated the candidates, and it was the Senate, playing the part
of _grand electeur_ which Sieyes had dreamed of as his own, which chose
from among them the members of the various so-called elected bodies,
even those of the political assemblies. According to the constitution of
the year VIII., the first consul (to whom had been added two colleagues,
the second and third consuls, who did not disappear until the Empire)
possessed the executive power in the widest sense of the word, and he
alone could initiate legislation. There were three representative
assemblies in existence, elected as we have seen; but one of them, the
Corps Legislatif, passed laws without discussing them, and without the
power of amending the suggestions of the government. The Tribunate, on
the contrary, discussed them, but its vote was not necessary for the
passing of the law. The Senate was the guardian and preserver of the
constitution; in addition to its role of _grand electeur_, its chief
function was to annul laws and acts submitted to it by the Tribunate as
being unconstitutional. This original organization was naturally
modified during the course of the Consulate and the Empire; not only did
the emperor obtain the right of directly nominating senators, and the
princes of the imperial family, and grant dignitaries of the Empire that
of entering the Senate by right; but a whole body, the Tribunate, which
was the only one which could preserve some independence, disappeared,
without resort having been had to a plebiscite; it was modified and
weakened by _senatus consulte_ of the year X., and was suppressed in
1807 by a mere _senatus consulte_. The importance of another body, on
the contrary, the _conseil d'etat_, which had been formed on the
improved type of the ancient _conseil du roi_, and consisted of members
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