Presentation of selected solutions of the French constitution from years 1791 – 1799.

We are now facing the effects of the pandemic Covid-19, which influenced the way of life, human relationships or even the way of doing work.

But we must not forget other problems – such as the economic crisis, which is not a fresh pandemic problem – it is enough to mention the situation with 2008 In some democratic countries, too, there is concern about the government's tendency to reduce civil liberties, the persecution of certain social groups and the consistent acquisition of further institutions which should be independent in a democratic state.

In view of these dilemmas, a perspective can be adopted one from the most famous revolutions – French – and see how the events affected the creation of modern law.

1. Revolutions arise in crisis

Before details of the French constitution are presented, the causes leading to the revolution should be briefly described. The economic crisis, which has been increasingly felt, can be seen as the main cause, especially since 1770 r.

It was due to emerging contradictions – the growing capitalist manufacturing forces were unable to reconcile with the feudal form of the French state. After a fairly long period of economic growth, in 1778 There was a sharp fall in prices, which also resulted in a collapse of the economy.

This was primarily felt by farmers and industry, who noted that production costs and taxes were starting to exceed sales revenue.

At the same time, the economic crisis has exacerbated social conflicts – particularly the right outrage of bourgeoisie, which is the so-called "state" third”, which had no real influence on the shape of the state (through participation in governments) and was deprived of privileges.

The revolution, but also the later shape of the legal acts, was also influenced by the evolving ideas of enlightenment – especially Montescius's theory of division of power and Rousseau's concept of social contract. Yeah. first was opposed to the former absolute monarchy and despotic governments.

Rousseau's main assumption of the social contract was the sovereignty of the people, which entailed the belief that it was the people who legitimized power, not "by the grace of God" the king. The principle of freedom and social equality, which argued with feudal division of society into states, was also important.

2. Individual periods of the French Revolution

The French Revolution in 1789 The year started something – a nomen omen – revolutionary, namely the formation of a new system in France, but different from the former absolute monarchy. By first 10 years were changes quite violent, only another 15 Napoleon's years of rule allowed some internal relations to clear up.

In his book Michał Sczaniecki distinguishes 5 basic periods from 1789 to 1814 year.

„And the period of the limited monarchy (1789 – 1792) – from the meeting of the General States to the imprisonment of King Louis XVI (...), II period of the Convention (1792 – 1793) – to the victory of the Jacobins over the girondists..., III period of the Jacobin dictatorship (1793 – 1794) – to the assassination 9 termidora, i.e. to be imprisoned by Robespierre (...), 4th Directorship Period (1795 – 9 November 1799) – to Napoleon's assassination 18 brumaire 1799 r. (...), V Napoleonic dictatorship period (1799 – 1814/1815) – to the surrender of Napoleon; during this period it is still possible to distinguish two stages: consulate and empire divided by date 1804 r.’1.

As mentioned earlier, this article will focus only on years 1789 – 1799.

first The period began to be convened by Louis XVI of the United States. This was quite exceptional, given that they were not called from 1614 r. Each state, i.e. The clergy, nobles and townspeople have appointed their MPs. Exceptional condition third he was also allowed to appoint a double number of Members.

The problem is that, theoretically, this did not translate into "voice strength" because each state had sat and voted separately. It's practically different. After convening the U.S. general, the burghers made a request for joint deliberations.

Thanks to Members of the State third Members of the clergy and nobles also joined, and the way in which they were held was determined. On 9 July The General States have declared themselves a constitutional. Soon after, because 14 July, The Paris people won Bastille (not only prison, but also a symbol of royal oppression).

This event accelerated the work of the Constitution, which carried out many reforms, the most important of which was the adoption of the Declaration of Human Rights and the Citizen first, and two years later – Constitution with 3 September 1791 r.

3. Declaration of Human Rights and Citizen

first a document on which attention will be paid will be the Declaration of Human Rights and the Citizen (hereinafter: the Act), adopted in August 1789 r. and to date as a model of fundamental, primal rights. From a historical point of view, the content of this document was – nomen omen – revolutionary in relation to the current social order and state system. Especially since many provisions have become the foundations of modern civilization and are "obvious" to contemporary ones.

In the Declaration of Human Rights and the Citizen can be distinguished two groups of issues: "1) general rules on the political organisation of the State; 2) formulation of human personal rights, so-called civil rights"[2].

An extremely important principle adopted in the Declaration of Human Rights and the Citizen was the one concerning the sovereignty of the people. The law was now to be an act of universal will; however, it is not specified whether this act of will can be expressed directly or through elected legislators (i.e. representatives).

second the principle was the principle of three divisions of power, i.e. the legislative, executive and judicial authority. In addition, "The Declaration underlines the right of the people to consent to the tax burden and provides for the responsibility of power before the people"[3].

Equally important is the inclusion of so-called civil rights in the Declaration of Human Rights and the citizen. Importantly, these are natural, inalienable and sacred laws. This has been pointed out directly in Preambula, which reads:

„The representatives of the French People, acting as a NATIONAL MEETING, considering that the only cause of public misfortune and abuse of government is ignorance, forgetting and disregarding human rights, decided to declare in the form of a solemn declaration, natural, inalienable and sacred human rights; so that this declaration, standing always before the eyes of all members of society, would remind them continually of their rights and obligations, that acts of legislative and executive power by constantly comparing them with the objective of each state institution, would be in greater respect that citizens' complaints, based on simple and unquestionable principles, would be intended to maintain the Constitution and general happiness. In view of the above, the National Meeting recognises and announces the following human rights and citizens under the auspices of the Supreme Being."4

The document explicitly lists such rights as:

Freedom – it is defined under Article 4 as the ability to do anything that doesn't harm second. In addition, the principle that the limits of freedom can only be laid down in the same provision is an important assumption. It also clarifies Article 5, According to which the Act may prohibit only such conduct that is harmful to society, and anything that is not prohibited by the Act cannot be prohibited and no one can be forced to do what the Act does not order.

Freedom to express views – including religious views. According to Article 10 no one must be disturbed by his convictions; however, it is stressed that their manifestation must not disturb the public order established by the Act.

It is further stressed that the free exchange of ideas is one with the most precious human rights – the consequence of this is to guarantee freedom of speech, writing and printing. Importantly, the citizen is solely responsible for the abuse of this freedom and only in the cases defined by the Act.

Equality to the law – it is clearly expressed under Article 1, which states that people are born and remain free and equal from the point of view of the law. According to second According to this provision, social differences can only be based on utility to society.

Economic freedom – which is expressed by the inviolability of ownership, which, according to Article 17, is a holy and untouchable law. Further, it can be read that no one can be deprived of property, except in an event where the public necessity recognised by the law clearly requires it. But this in turn requires a fair and prepaid compensation.

Control of public authority – this also applies to taxes. According to Article 15 The public has the right to require any public official to report on its activities. In turn Article 14 gave citizens the right to: ascertain in person or by its representatives the necessity of public tax, to consent to it in a way that is unfettered, to watch over its consumption, to determine its amount of the basis for its collection and its duration.

In view of the above, it is all the more sad to not establish labour rights, as Michał Sczaniecki writes. "The principle of equality has been proclaimed only on the basis of equality before the law. The declaration did not address the issue of economic equality at all.

The principles of equality and freedom in its formulation were intended to serve the interests of rich bourgeoisy. They have opened the field for increasing economic inequality; on these principles, ideas of capitalist liberalism will grow....

It is characteristic that neither the Declaration itself nor subsequent revolutionary acts formed the basis for the freedom of working associations. On the contrary, enacted in the year. 1791 The bill, called Loi Le Chapelier, formally prohibited such associations (also employers' associations).

Workers' coalitions, the spectrum of organised strikes, etc. threatened the interests of enriching burghers”[5].

1. Constitution of 1791 r.

Constitution of 1791 It was based on the premise of the Declaration of Human Rights and the citizen, which became part of it. This document emphasised almost at the very beginning that sovereignty belongs to the nation. According to Article 11, is she one, indivisible, inalienable and not subject to limitation.

"(...) no part of the People or any individual may admit to performing it." In addition, under Article 12 it is stressed that all authorities come from a nation and that they can only hold them by delegation.

This is where the legislative, executive and judicial powers are divided.

Executive power was exercised by the King, as the Constitution itself with 1791 The government was monarchy. Under the authority of the king, executive power was exercised by ministers and other responsible officials.

In the following part, “On the Royal dignity, on the Regency and on the Ministers” one could read that royal dignity is indivisible and entrusted with hereditaryly reigning dynasty in the male line, in the order of primogeniture, with perpetual exclusion of women and their offspring – additionally the person of the king was untouchable and holy.

Its title has also changed because he was no longer “by God's grace the Christian king of France and Navarra” but “the king of the French.” But, more importantly, it was further pointed out that “there is no authority higher than the Law in France.

The King rules under this power and can only demand obedience in the name of the Act.” The king called and dismissed ministers (only this function belonged to him) and the ministers could not be appointed members of the National Assembly (according to Article 93, „current and future legislations).

Ministers should be mentioned briefly. First of all, every royal order had to be signed by the king himself, as well as countersigned by the competent minister or department manager. Ministers were legally responsible (constitutionally) and, as stressed, no royal order, whether written or oral, exempted the minister from responsibility.

Article 96 provided that they were responsible for all crimes committed by them against the security of the State and the Constitution; in addition, they were responsible for all cases of money being spent on expenditure in the department concerned and any violation of the property and freedom of the individual.

Therefore, ministers were obliged to report annually to the legislative body on expenditure in the various departments and to indicate the abuses that may have occurred in different areas of the board. At the same time, no minister could be held liable for his duties without a proper legislative decree.

The legislature was held by the National Assembly (Assemblee Legislative). It was to be called what two years in the process of new elections and was monoisbic. It consisted of 745 Members.

At the same time, the Constitution with 1791 set out detailed conditions for who had the right to take active part in the elections (so-called active citizens).

You should have been French, had finished 25 years, living in a city or canton from the date specified by the Act, to be a direct tax payer equal to at least 3 working days, not to be an employed worker, to be enrolled at the place of residence on the National Guard list and to take a civic oath.

What to pay attention to, according to Article 37 performance, judicial functions could not be combined with parliamentary duties throughout the legislative period (i.e. during the abovementioned two-year period for which the Legislative Assembly was appointed). In addition, members of the legislative body could only be re-elected after the break one legislation.

The judicial authority could not be, as the Constitution of 1791 in no case held by the King or by the Legislative Assembly. This shows that this was a decisive chapter third authorities.

In addition, he spoke about this indirectly as well Article 157: „The Courts may not interfere with matters relating to the exercise of the legislative authority or suspend the implementation of laws or rule on matters relating to administrative activities or appoint administrators to their courts for reasons of their duties.’ The judges elected by the people were free of charge.

The Constitution of 1791 was first in Europe written down by an anti-feudal constitution. Michał Sczaniecki writes: “The French Constitution with 3 September 1791 The Polish constitution with 3 May 1791 r. as first in Europe, a constitution written down.

The Polish Constitution grew out of the progressive aspirations of the century, based on Montescius' theory, used the experience of the French Constitution abundantly – nevertheless, the Polish May Constitution, unlike the French September Constitution, was still within the feudal system.

Meanwhile, the French constitution was already established on the ruins of feudalism, was first in Europe, the constitution of a "citizen" society[6].

5. Convention Governments

Theoretically, arrested on the day 10 August 1792 r. Louis XVI has only been suspended in activities, but there is no doubt that France has since become a republic. The Legislative Assembly elected the Interim Executive Board from its composition and was the one who exercised power. The Legislative Assembly then stepped down for the new body – the Convention.

Finally 22 September 1792 The monarchy was formally abolished for the proclamation of the republic – this was first Convention Act[7]. In addition, a new calendar has been introduced – 1792 was first year I of the French Republic. The convention ruled effectively only by 8 months, until the Jacobins take over.

6. Jacobian Constitution

three weeks after gaining the advantage in the Convention the Constitution with 24 June 1793 R., the so-called Jacobin Constitution. Unfortunately, it never came into force, but it contained new solutions.

First of all, the Declaration of Human Rights and the Citizen has been amended. This time, equality of all citizens, not only in the face of the law, but also in the face of social equality, was considered the main principle.

Although the right of property was no longer "holy and inviolable", it was described as having every citizen's right to use and have any possession of his property, his income, the fruit of his work and of his entrepreneurship.

It is also marked, under Article 19, that no one can be deprived without his consent of the smallest part of his property, unless this is required by a legally established public necessity and subject to fair and prior compensation.

Equally important, it has been stressed that public aid is a sacred obligation (or, in fact, already under Article 1 it is stated that the public's goal is happiness in general).

In the same Article 21 It is said that society should come to the aid of unhappy citizens, by providing them with work, by providing livelihoods for those who are unable to work. Education was also an important need. According to Article 22, The public should support the development of civic awareness and give education to all citizens.

A very important right was the right to resist. They were talking about him. Article 34(35). Now. In the first sentence Article 34 It was said that the whole society is under pressure when one of its members is oppressed. It was also said that each member of society is oppressed when it extends to society as a whole.

Under Article 35 It has been pointed out that the right to revolt against a power that does not respect citizens' rights is the most sacred law. “When the government violates the laws of the people, the uprising is for the people and for every part of the people the most sacred law and also the most urgent duty.”

This constitution did not assume a tripartition of power; power was to be concentrated in the Single Chamber Legislative Body (Corps Legislatif), which was to be elected for the period one year in general, equal, direct and public elections.

Article 4 The Constitutional Act provided that any man born and residing in France who had completed 21 years of life. The elections were of a collective nature, i.e.

they were to be held at elemental assemblies, which were to be composed of citizens resident from 6 months in the canton and the number of citizens concerned was at least 200 and at most 600.

Although executive functions were to be carried out by the Executive Board, this body was still to be subordinate to the Legislative Body. The Executive Board was to be composed of 24 members appointed by the Legislative Body on 2 years. Every year, half the line-up was to be released.

According to Michał Sczaniecki: “Jacobs did not reject the principle of representation, but joined it with forms of direct democracy. ... This was expressed in the granting of broad powers to elementary meetings, covering the general public.

They were not only to elect Members of the Legislative Body and officials and judges, but also to influence the composition of the Executive Board by presenting candidates for its composition to the Legislative Body. The elementary meetings were to be directly involved in the legislation. The Constitution distinguished laws from decrees.

The legislative body itself could only issue decrees. On the other hand, draft laws should be sent back by the Legislative Body to the elementary meetings, which would hold discussions over them and would be able to demand a general vote on the bill. The principle of a folk referendum was thus formulated, i.e.

appeal to the nation for direct state decisions."8.

After the termidorian coup, the majority in the Convention were rich townspeople. This meant the affirmation of the benefits gained during the revolution for this state, and consequently the adoption of a more conservative direction compared to previous governments. These trends are reflected in the Constitution of 1795 r.

1. Principal Constitution.

A further version of the Declaration of Human Rights and the Citizen was part of the Principal Constitution. As suggested above, speaking of conservative tendencies – partiality has been limited in relation to the version of the Jacobin Constitution. Equality was only understood as equality before the law. She didn't mention the right to work or the right to resist.

It was. first The French constitution that formed the bizbic legislative body. It consisted of the Council of Elders (Conseil des Ancients) and the Council five hundred (Conseil des Cinq Cents). They were selected for the period 3 years, but renewed each year in one third.

Member five hundred Only the person who finished could be chosen 30 years and lived since 10 years in the republic. On the other hand, a member of the Council of Elders may have been a person who finished 40 years, ex-wife or widower and which she owned within 15 years before the Domicyl elections in the republic.

The elections were indirect, two-step, i.e. voters elected electors, who in turn elected MPs. "The legislative initiative belonged only to the Council five hundred. The laws passed by her passed passed to the Council of Elders, which could have approved the bill in full or rejected. She could not amend it."9.

The executive power was exercised by the Directorate. It consisted of 5 Members – directors – elected by the Legislative Body. This was so that the Council five hundred It put together a list in a secret ballot with a ten-fold number of members of the Directorate, to be appointed and presented to the Senior Council.

In turn, the Senior Council, also in a secret ballot, selected directors from the list. The directorate was renewed annually partly by selection one a member. Each member of the Directorate chaired him successively for a period 3 months. The directorate appointed non-member ministers (he could also cancel them).

The number of ministers was minimal 6, maximum 8.

The directorate also defined the remit of ministers.

The government of the Directorate (which not only led to the ruin of public finances, but also a significant division of the wealth of society – some entrepreneurs and speculators were enriching while the majority of the population became poor) ended with a coup d'état carried out by General Napoleon Bonaparte – 18 brumaire, i.e. 9 November 1799 r. As a result, the next few years are already Bonaparte's dictatorial power.

1. Summary.

As you can see from the above, it is in the constitutions passed during the French Revolution that there are provisions that seem obvious today – concerning the tripartition of power (which, to be admitted, was previously also included in the Constitution of the United States), the equality of citizens, the sovereignty of the people. The Jacobic Constitution, which contained important provisions on public aid as a sacred duty, universal education, also draws attention, and, perhaps, the most interesting provision, which is the right to resistance when a government "violates the rights of the people".

At a time when the economy is in an ever-increasing state of collapse, society is becoming more and more economic, and power not only limits part of civil rights, but is actually hostile to some citizens – perhaps changes are needed, who knows, perhaps as revolutionary as those started in France. 1789 r.

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1 Michał Sczaniecki, The Universal History of State and Law, Legal Publishing House LexisNexis Sp. z o.o., Warsaw, 2001, p. 336. 2 Michał Sczaniecki, ibid., p. 337. 3 Michał Sczaniecki, ibid., p. 337.

4 Quotes and cited provisions were taken from: Michał Sczaniecki, Selection of sources for the history of the state and law in modern times, extension and development of selection: Marek Wąsowicz, Liber Sp. z o.o., Warsaw, 2001. 5 Michał Sczaniecki, ibid., p. 338. 6 Michał Szchanicki, ibid., p. 346.

7 „The election to the Convention was given the character of a democratic general election, by abolishing the property price and granting electoral rights to all men aged from 21 years’. 8 Michał Sczaniecki, ibid., p. 348. 10 Michał Sczaniecki, ibid., p. 350.