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 Second Republic and the Second Empire._--From the point of view of
constitutional law, the Second Republic and the Second Empire were each
in a certain sense a return to the past. The former revived the
tradition of the Assemblies of the Revolution; the latter was obviously
and avowedly an imitation of the Consulate and the First Empire.
Republican constitution of 1848.
The provisional government set up by the revolution of the 24th of
February 1848 proclaimed universal suffrage, and by this means was
elected a Constituent Assembly, which sat till May 1849, and, after
first organizing various forms of another provisional government, passed
the Republican constitution of the 4th of November 1848. This
constitution, which was preceded by a preface recalling the Declarations
of Rights of the Revolution, gave the legislative power to a single
permanent assembly, elected by direct universal suffrage, and entirely
renewed every three years. The executive authority, with very extensive
powers, was given to a president of the Republic, also elected by the
universal and direct suffrage of the French citizens. The constitution
was not very clear upon the point of whether it adopted parliamentary
government in the strict sense, or whether the president, who was
declared responsible, was free to choose his ministers and to retain or
dismiss them at his own pleasure. This gave rise to an almost permanent
dispute between the president, who claimed to have his own political
opinions and to direct the government, and the Assembly, which wished to
carry on the traditions of cabinet government and to make the ministers
fully responsible to itself. Consequently, in January 1851, a solemn
debate was held, which ended in the affirmation of the responsibility of
ministers to the Assembly. On the other hand, the president, though very
properly given great power by the constitution, was not immediately
eligible for re-election on giving up his office. Now Louis Napoleon,
who was elected president on the 10th of December 1848 by a huge
majority, wished to be re-elected. Various propositions were submitted
to the Assembly in July 1851 with a view to modifying the constitution;
but they could not succeed, as the number of votes demanded by the
constitution for the convocation of a Constituent Assembly was not
reached. Moreover, the Legislative Assembly elected in May 1849 was very
different from the Constituent Assembly of 1848. The latter was animated
by that spirit of harmony and, in the main, of adhesion to the Republic
which had followed on the February Revolution. The new assembly, on the
contrary, was composed for the most part of representatives of the old
parties, and had monarchist aspirations. By the unfortunate law of the
31st of May 1850 it even tried by a subterfuge to restrict the universal
suffrage guaranteed by the constitution. It suspended the right of
holding meetings, but, on the whole, respected the liberty of the press.
Public-domain text, read in full here on John Shaqi.
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