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467:". Moreover, responsibility could only be enforced by impeachmentâarraignment by the Chamber of Deputies and trial by the Chamber of Peers. Thus, the Charter gave no recognition to the principle of modern parliamentary government, namely that the Ministers are not just legally, but also politically, responsible to Parliament, and that Parliament can remove Ministers by a simple
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parliamentary government according to which: (i) the King would act only on the advice of his
Ministers, and (ii) the Ministers, although formally appointed by the King, would be drawn from amongst the leaders of the majority in Parliament, and would be required to resign if they lost the confidence of Parliament. Owing to the narrow franchise, the dominance of the reactionary
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themselves had to pay a direct tax of 1000 Francs a year. As taxes were mainly levied on landed wealth, this restricted the
Chamber of Deputies to a very small percentage of the richest landowners. The representative basis of the French parliament under the Charter was thus much narrower than that which had been used to elect the
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direct taxes, voters more than 300), renewable by one-fifth each year. The
Chamber of Deputies may be dissolved by the King. The Chambers progressively obtain the right of address and the capacity to put questions to the government and thus put it in difficulty, without this necessarily leading to its resignation
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The
Charter was presented as a gift from the King to the people, not as a constituent act of the people. It ended with the words "Given at Paris, in the year of grace 1814, and of our reign the nineteenth"; this commitment to the principles of "legitimism" would put the reign of Louis XVIII beginning
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of its time (even in
Britain, where the responsibility of Ministers to Parliament had been established in the eighteenth century, it remained on a purely conventional basis). Therefore, the challenge for the liberal elements of French politics during the Restoration era was to develop a convention of
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The King's powers were for the most part exercised by his
Ministers. The Ministers were chosen by the King. Article 13 stated open-endedly that "Ministers are responsible", but the nature of this responsibility was ambiguous and its extent limited. Articles 55 and 56 restricted this responsibility to
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The members of the two
Chambers enjoyed certain parliamentary privileges, including immunity from arrest (Articles 34 and 52). The President (Speaker) of the Chamber of Deputies was appointed by the King from a list of five members presented by the Chamber (Article 43), while the Chamber of Peers was
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The
Chamber of Peers was appointed by the King, and could consist of both hereditary aristocrats and life peers ennobled in recognition of public service (Article 27). The number of peers was unlimited, meaning that the King could, at any time, add to their number. In addition to its legislative and
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The consent of both
Chambers was necessary for the passage of a law. There was no provision for joint sessions or other constitutional means of resolving differences between the Chambers. Proposed laws (bills) could be initiated by the King in either Chamber, except for laws concerning taxes, which
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Nevertheless, the concept of the judicial review of the constitutionality of legislation was undeveloped, and it was the responsibility of the legislature, not the courts, to defend these rights. Freedom of the press, in particular, was subsequently restricted by harsh press censorship laws, which
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The opening twelve articles of the
Charter are analogous to a "Bill of Rights". They contained such measures as a declaration of equality before the law, due process rights, religious toleration, freedom of the press, protection of private property, and abolition of conscription. These principles,
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In addition, the King had great influence over the legislative power, since he possessed the sole right to present draft laws to Parliament (Article 16), and the right to grant or withhold assent to laws passed by the Parliament (Article 20). The King summoned and prorogued Parliament and had the
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The King has executive power (right to peace and war, alliances, appointment to professional posts). Article 14 gives the King the right to legislate by ordinance âfor the execution of laws and the security of the Stateâ. He is the head of the armies. Louis XVIII, âsovereign by the grace of Godâ,
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The Chamber of Deputies was elected, but with a high tax qualification. The election took place in two stages, with voters choosing members of Electoral Colleges, who in turn elected Deputies. Members of Electoral Colleges had to pay 300 francs a year in direct taxes (Article 40), while Deputies
503:. The King and his successors were bound to swear an oath (Article 74) to maintain the Charter. The Charter contained no provision for future amendment. According to one reading, this made the Charter a truly fundamental law, binding on the King, the Chambers, and the people alike. However, the
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Legislative power is divided between the King, who alone initiates laws, and two chambers. The Chamber of Peers, made up of nobles, is appointed by the King (for life and on a hereditary basis) and the Chamber of Deputies is elected by selective suffrage (deputies pay more than 1,000 francs in
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The Charter presents itself as a text of compromise, possibly of forgiveness, preserving the numerous acquisitions from the French Revolution and the Empire, whilst restoring the dynasty of the Bourbons. Its title as âconstitutional Charterâ acts as evidence of compromise, the term âcharterâ as
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The right to suffrage is granted to men of at least 30 years of age and tax (300 French francs of direct contributions) is imposed on them because there was no question at the time of establishing universal suffrage, the electorate being considered as a social function. At the request of the
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and chief executive: the King appointed public officials, issued the ordinances and regulations necessary "for the execution of the laws and the security of the state", commanded the army and navy, declared war, and made "treaties of peace, alliance and commerce" (Articles 13 and 14).
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The administrative structures put in place by the Revolution and the Empire are massively preserved within the framework of a strict policy of centralisation of powers (mayors, general councillors and district councillors are appointed by the government or the State
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appointed in 1814 were removed from power following Napoleon's abdication for allying with him. New peers were appointed in August of the same year, with most of the previously removed getting reinstated in the following years, albeit at a lower rank.
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liberals, selective suffrage is adopted. This is granted to men of at least 40 years of age, who are charged 1,000 French francs of direct tax. Given these conditions, the politically active citizens amount to 100,000 voters and 15,000 eligibles
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party, and the personal intervention of the King, these conventions did not develop during the 1814â1830 period. Thus, although monarchy under the charter was constitutional, it never evolved into a truly parliamentary system of government.
154:, Louis Stanislas Xavier, count of Provence, bestowed a different constitutional Charter, on 4 June 1814. With the Congress of Vienna's demands met, the count of Provence was officially named Louis XVIII, and the monarchy was restored.
187:, Louis-Philippe claimed that Louis XVIII did not conceive the charter as a new fundamental law of the French Kingdom â for those were still in place and could not be changed â but rather as a document stating the replacement of the
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and âconstitutionalâ indicates revolutionary intent. However, the Charter establishes a limited monarchy, as opposed to a constitutional monarchy, implementing a regime dominated by the King himself, declaring him as Head of State.
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deliberative role, the Chamber of Peers also acted as a special court for the trial of impeachments (Article 55) and for cases of "high treason and attacks against the security of the state" (Article 33). During the Napoleonic
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initiates laws and promulgates them. He appoints the ministers, who are accountable to him alone, but can be indicted before the Chamber of Deputies. Ministers may be chosen from among the members of two chambers
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Judicial power is given to judges appointed by the King and is irremovable; the institution of the jury is confirmed. All the codes remain in force. The King retains significant judicial power
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The former pre-revolutionary nobility is restored in its titles, but the imperial nobility retains its titles. The nobility confers "no exemption from the duties and obligations of society"
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established the principle that the Charter, which was then reissued in amended form, could be changed, in the same way as an ordinary law, by the joint act of the King and the Chambers.
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On 22 May, the commission held its first meeting at Dambray's which lasted for six days. On 26 May, the commission offered its draft to the private counsel which approved it.
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Guarantee of individual rights, property rights, freedom of the press and freedom of expression, religious freedom (i.e. Catholicism is declared the state religion)
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right to dissolve the Chamber of Deputies and call new elections (Article 50). The King also appointed the members of the House of Peers (Article 27).
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demanded that Louis bring in a constitution of some form before he was restored. After refusing the proposed constitution, the
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A charter is a document defining the responsibilities of actors of the French state (the king and the two chambers).
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he decided not to include him, even though the latter played a key role during the constitution of 6 April.
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In the judicial field, the King appointed judges (Article 57) and had the power of pardon (Article 67).
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On 18 May 1814, Louis XVIII created a drafting committee, nominating its twenty- two members. Wary of
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and Parliaments by two Chambers, and defining the new responsibilities of these two Chambers.
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presided over by the Chancellor of France, an official appointed by the King (Article 29).
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period, the Charter was suspended, only to come back into force after
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In imitation of the British model, the Charter of 1814 established a
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The King occupied a central position under the Charter of 1814.
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Fundamental principles recognized by the laws of the Republic
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had to be initiated in the Chamber of Deputies (Article 17).
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In this respect, the Charter was not dissimilar to other
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Declaration of the Rights of Man and of the Citizen
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Declaration of the Rights of Man and of the Citizen
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304:were deemed to violate the spirit of the charter.
606:French Electoral Systems and Elections since 1789
458:A constitutional, but not parliamentary, monarchy
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327:Charter of 1814 (1814 lithographic impression).
296:, represent some of the permanent gains of the
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152:SĂ©nat conservateur ("Conservative Senate")
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571:Troper, Michel and Francis Hamon (2008).
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69:Learn how and when to remove this message
958:Preamble to the 1946 French Constitution
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560:. Vol. 2. 1799-1945. Pelican Books.
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32:This article includes a list of general
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372:The Charter declared that the king was
111:Charte constitutionnelle du 4 juin 1814
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292:together with the retention of the
206:In this commission, chaired by the
16:French constitutional royal charter
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524:Thornhill, Christopher J. (2011).
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38:it lacks sufficient corresponding
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409:legislature, consisting of a
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968:Charter for the Environment
963:French Constitution of 1958
586:Caron, Jean-Claude (2002).
217:Three royal commissioners:
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590:. Armand Colin. p. 9.
558:A History of Modern France
530:Cambridge University Press
365:The King and his Ministers
160:Ancien RĂ©gime (âold ruleâ)
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335:Conscription is abolished
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588:La France de 1815 Ă 1848
476:constitutional documents
287:Public law of the French
148:Constitution sénatoriale
1215:Legal history of France
1200:Constitutions of France
720:Constitutions of France
638:www.napoleon-series.org
556:Cobban, Alfred (1961).
319:Contents of the Charter
53:more precise citations.
744:Constitutional Cabinet
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573:Droit constitutionnel
469:vote of no-confidence
463:"acts of treason and
439:Napoleon's abdication
392:Louis XVIII of France
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271:Nine members of the "
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167:Nature of the charter
132:Louis XVIII of France
490:Status and amendment
262:Huguet de SĂ©monville
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411:Chamber of Deputies
279:and Perrée-Duhamel.
136:Bourbon Restoration
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195:Drafting committee
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134:shortly after the
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1195:1814 in law
1072:Constituent
985:referendums
931:(in French)
809:Restoration
643:18 February
219:Montesquiou
119:The French
109:(in French)
51:introducing
1189:Categories
1149:1958 (Oct)
1144:1958 (Jun)
1074:assemblies
1048:1946 (Oct)
1043:1946 (May)
923:amendments
857:2nd Empire
797:1st Empire
619:0566056968
608:. London:
575:. L.G.D.J.
511:References
497:Louis XVII
465:peculation
425:under the
268:and Vimar;
242:Barthélemy
208:chancellor
201:Talleyrand
34:references
928:full text
780:Consulate
768:Directory
662:Full text
501:Louis XVI
407:bicameral
59:June 2022
443:29 peers
266:SĂ©rurier
258:Pastoret
250:Fontanes
234:senators
254:Garnier
227:Beugnot
223:Ferrand
211:Dambray
183:In his
47:improve
683:France
669:Portal
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413:and a
142:. The
123:was a
36:, but
1118:1872
945:block
482:Ultra
277:Lainé
232:Nine
1174:2008
1169:2003
1164:1992
1159:1982
1154:1968
1139:1945
1134:1940
1129:1875
1101:1946
1096:1945
1091:1871
1086:1848
1081:1789
1063:2000
1058:1969
1053:1958
1038:1945
1033:1870
1028:1852
1023:1851
1018:1815
1013:1804
1008:1802
1003:1800
998:1795
993:1793
911:1958
899:1946
893:GPRF
887:1940
875:1875
863:1852
851:1848
839:1830
827:1815
815:1814
750:1791
645:2021
614:ISBN
534:ISBN
389:King
225:and
129:King
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596:^
548:^
532:.
417:.
315:.
300:.
264:,
260:,
256:,
252:,
248:,
244:,
240:,
236::
221:,
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671::
647:.
622:.
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229:;
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