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
With the _coup d'etat_ of the 2nd of December 1851 began a new era of
constitutional plebiscites and disguised absolutism. The proclamations
of Napoleon on the 2nd of December contained a criticism of
parliamentary government, and formulated the wish to restore to France
the constitutional institutions of the Consulate and the Empire, just as
she had preserved their civil, administrative and military institutions.
Napoleon asked the people for the powers necessary to draw up a
constitution on these principles; the plebiscite issued in a vast
majority of votes in his favour, and the constitution of the 14th of
January 1852 was the result. It bore a strong resemblance to the
constitution of the First Empire after 1807. The executive power was
conferred on Louis Napoleon for ten years, with the title of president
of the Republic and very extended powers. Two assemblies were created.
The conservative Senate, composed of _ex officio_ members (cardinals,
marshals of France and admirals) and life members appointed by the head
of the state, was charged with the task of seeing that the laws were
constitutional, of opposing the promulgation of unconstitutional laws,
and of receiving the petitions of citizens; it had also the duty of
providing everything not already provided but necessary for the proper
working of the constitution. The second assembly was the _Corps
Legislatif_, elected by direct universal suffrage for six years, which
passed the laws, the government having the initiative in legislation.
This body was not altogether a _corps des muets_, as in the year VIII.,
but its powers were very limited; thus the general session assured to it
by the constitution was only for three months, and it could only discuss
and put to the vote amendments approved by the _conseil d'etat_; the
ministers did not in any way come into contact with it and could not be
members of it, being responsible only to the head of the state, and only
the Senate having the right of accusing them before a high court of
justice. The _conseil d'etat_ was composed in the same way and had the
same authority as it had possessed from the year VIII. to 1814; and it
was the members of it who supported projected laws before the Corps
Legislatif. To this was added a Draconian press legislation; not only
were press offences, many of which were mere expressions of opinion,
judged not by a jury but by the correctional tribunals; but further,
political papers could not be founded without an authorization, and were
subject to a regular administrative discipline; they could be warned,
suspended or suppressed without a trial, by a simple act of the
administration. The constitution of January 1852 was still Republican in
name, though less so than that of the year VIII. The period
corresponding with the Consulate was also shorter in the case of Louis
Napoleon. The year 1852 had not come to an end before a _senatus
consulte_, that of the 10th of November, ratified by a plebiscite,
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