Constitutional Charter of 1814 (Reign of Kings)

The Constitutional Charter of 1814, is one of two fundamental documents governing the Kingdom of France as well as the fundamental law of the European territory of the Kingdom of France. And applying equally in the Realm of France: France proper, Navarre and Corsica. It was prepared by the Constitution sénatoriale to strip the French monarchy of much of its authority, initiating a transfer of power to Parliament. The Congress of Vienna demanded that Louis bring in a constitution of some form before he was restored.

The King in contrast to the first constitution, the French Constitution of 1791, approved by the constitutional assembly or cortes, the Charter was an imposed constitution issued by the king under his own authority without the involvement of the people. It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass legislation.

Adaption of the Charter
to be added

Preamble

 * The Introduction (Articles 1-3) : The preamble of the constitution recalls the Declaration of the Rights of Man and of the Citizen from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people, and established a constitutional monarchy with a parliamentary system. The King's Majesty shall be kept in holiness and reverence; his deeds were protected against all charges. The king has sole power to rule the kingdom in the manner prescribed by this form of government.
 * Chapter One (Articles 3-4): Defines the territory of the nation, the Realm of France, is constituted by the Kingdom of France, the Kingdom of Corsica, and, the Kingdom of Navarre, and are in a personal union with the French king. The highest official in the autonomous community was the Lord Lieutenant, appointed by King. The Lord Lieutenant had both executive and legislative authority. The Sovereign Councils advised the Lord Lieutenants in the running of the country. The Parliament of Navarre and Béarn, and the Parliament of Corsica had legislative powers and was led by the First Minister.

Public law of the French

 * Chapter Two (Articles 3-6): Title II of the French Charter is titled Public Law of the French. Articles 8-30 It affirmed national sovereignty, separation of powers, freedom of the press, free enterprise, abolished corporate privileges, and established a constitutional monarchy with a parliamentary system. These principles, together with the retention of the Napoleonic Code, represent some of the permanent gains of the French Revolution.


 * Chapter Three (Articles 6-9): The 1815 Charter made significant changes to voting requirements. Voters had to pass a literacy test, but male suffrage, which was not determined by property qualifications, favored the position of the commercial class in the new parliament, since there was no special provision for the Church or the nobility. Repeal of traditional property restrictions gave liberals the freer economy they wanted.

The Chambers

 * Chapter Three (Articles 9-57): Regulated the modus operandi of the Chamber of Peers and Chamber of Deputies. The Chamber of Peers consists of life Peers of the Realm who are appointed by the monarch on the advice of the Prime Minister. Up to one-half of the membership of the Chamber of Peers are Peers Spiritual, who are ecclesiastics, while the others are Peers Temporal who come from the nobility. The Chamber of Deputies consists of Deputies and Procureurs, were elected to four-year terms by the indirect vote of departmental councils and provincial parlements which in turn were elected by universal male suffrage, with some exceptions, through a complex indirect electoral system. The President (Speaker) of the Chamber of Deputies was appointed by the King from a list of five members presented by the Chamber (Article 56), while the Chamber of Peers was presided over by the Grand Chancellor of France, an official appointed by the King (Article 57).
 * Chapter Four (Articles 57-90): Concerned the promulgation of laws. Bills could originate in either the Deputies or the Peers; both had to pass a bill for it to stand a chance of becoming law. However the king possessed the sole right to present draft laws to Parliament (Articles 58). Either Chamber could amend or reject the others' proposals. However taxation and appropriations bills were required to originate in the Chamber of Deputies, while the Parliament had sole power over the budget and state incomes and expenses (articles 56-57) including military burdens (article 59). The king was allowed a suspensive veto to balance out the interests of the people (during the course of two consecutive four-year Parliament sessions), any bills vetoed by the King and then repassed by the parliament with a two-thirds majority would automatically become law without the signature of the King. In addition any third attempt by the king to veto that law would be squelched. The King is responsible for the implementation of the laws passed by the Federal Parliament, the submission of bills to the Federal Parliament. The King sanctions and promulgates all laws passed by Parliament, and issued the ordinances and regulations necessary "for the application of laws". The King summoned and prorogued Parliament and had the right to dissolve the Chamber of Deputies, with the provision that a new Chamber must be convened within four months of its dissolution.

Constitutional role of Crown

 * Chapter Five (90-135): Defines the constitutional powers of the King. The King cannot act without the consent of his cabinet and gave the legislature, the power to dismiss the cabinet instead of the king. The King had "the right to be consulted, the right to encourage, and the right to warn". The King heads the cabinet councils (the king plus the members of the government), heading the Council on Foreign Affairs, recognizing new cabinets (in the Privy Council). The King can issue edicts to the conduct of foreign affairs and other sworn executive duties. These may be, but are not limited to, matters of international trade, the execution of set export controls, the establishment of tariffs, or the reservation of federal lands for the benefit of the public in some manner. The King has power to legislate by proclamation in the exercise of legislative power; provided that proclamations made by the king with the assent of the council (King-in-Council) should have the force of statute law if they were not prejudicial to "any person's inheritance, offices, liberties, goods, chattels or life", and is of no effect unless itself issued in virtue of statutory authority (Order-in-Council). The King had the sole power to declare war, make peace and negotiate treaties, as well as the supreme command of the armed forces. The King also retained authority over the minting of money, as well as the right to issue royal statues to declare bank holidays.
 * Chapter Six (135-136): Regulated the order of succession to the throne in accordance with the Salic law, which effectively limited succession to male members of the royal family. The thrones of Navarre and Corsica were declared "inseparable" from that of France, while precise rules on succession to the throne were spelled out. Article 64 establishes that children born to a marriage between a dynastic Bourbon and a person "not of corresponding dignity" (defined as "not belonging to any royal or sovereign house") were ineligible for the throne, as was any person who inherited the throne while ruling over another nation whose state religion was not Roman Catholicism, if unwilling to renounce that other throne and faith.
 * Chapter Seven (136-137): Concerned issues of regency and guardianship, if the king was a minor. The age of majority was established at thirteen, and instructions were given concerning the appointment of a regent and a mandatory regency council, together with the prerogatives exercised by the same.
 * Chapter Eight (Articles 137-138): Articles concerned the coronation and anointing of a new king, which was to take place "according to the rite of the roman catholicism". Explanatory Note 1 at the end of this chapter indicated that the king was conjointly crowned King of France and King of Navarre.

His Most Christian Majesty's Government

 * Chapter Nine (Articles 138-145): Concerns the Council of Ministers, which is a committee of the Privy Council. The King is responsible for appointing a new prime minister (who by convention appoints and may dismiss every other Minister of the Crown, and thereby constitutes and controls the government). The prime minister appoints members of the government, including heads of ministries. The government collectively decides on issues after hearing the report of the head of the ministry concerned. At least five members of the government need to be present for a decisional quorum to be made. His cabinet ministers were not allowed to interfere with nor assist one another; and Ministers were politically responsible solely to the king, who appointed them. However, they were legally responsible to the Parliament, who may be interrogated and dismiss by parliament.

Courts

 * Chapter Ten (Articles 145-160): Concerned the organisation of the French court system. The Charter does not stipulate how the courts are to be organized. Instead, this is regulated by statute In the normal court system, there are Lower courts, Superior courts, and the Constitutional Court. Article 174 establishes the Court of Cassation. Article 178 establishes the jury for all felonies and for political offences and press-related offences. Article 181 establishes the High Council of Justice and the manner in which judges are appointed. Article 186 establishes 12 courts of appeal. Article 190 stipulates that military courts can be created in wartime. It also stipulates that there are Commercial Courts, Labour Courts and so-called Penalty Application Tribunals.