Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
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Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
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appointed by Napoleon and carefully chosen, continually increased. It
was this body which really prepared and discussed the laws; and it was
its members who advocated them before the Corps Legislatif, to which the
Tribunate also sent orators to speak on its behalf. The ministers, who
had no relation with the legislative power, were merely the agents of
the head of the state, freely chosen by himself. Napoleon, however,
found these powers insufficient, and arrogated to himself others, a fact
which the Senate did not forget when it proclaimed his downfall. Thus he
frequently declared war upon his own authority, in spite of the
provisions to the contrary made by the constitution of the year VIII.;
and similarly, under the form of _decrets_, made what were really laws.
They were afterwards called _decrets-lois_, and those that were not
indissolubly associated with the political regime of the Empire, and
survived it, were subsequently declared valid by the court of cassation,
on the ground that they had not been submitted to the Senate as
unconstitutional, as had been provided by the constitution of the year
VIII.
Administrative changes under Consulate and Empire.
This period saw the rise of a whole new series of great organic laws.
For administrative organization, the most important was that of the 28th
Pluviose in the year VIII. It established as chief authority for each
department a prefect, and side by side with him a _conseil general_ for
deliberative purposes; for each _arrondissement_ (corresponding to the
old _district_) a sub-prefect (_sous-prefet_) and a _conseil
d'arrondissement_; and for each _commune_, a mayor and a municipal
council. But all these officials, both the members of the councils and
the individual agents, were appointed by the head of the state or by the
prefect, so that centralization was restored more completely than ever.
Together with the prefect there was also established a _conseil de
prefecture_, having administrative functions, and generally acting as a
court of the first instance in disputes and litigation arising out of
the acts of the administration; for the Constituent Assembly had removed
such cases from the jurisdiction of the civil tribunals, and referred
them to the administrative bodies themselves. The final appeal in these
disputes was to the _conseil d'etat_, which was supreme judge in these
matters. In 1807 was created another great administrative jurisdiction,
the _cour des comptes_, after the pattern of that which had existed
under the _ancien regime_.
Judicial changes.
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