Constitution of year XII

The organic senatus consult of the 28 floréal year XII , known as constitution of year XII , is the text which founds the First Empire.

The preserving Senate writes it at the request of the First consul with life; who is approved by Plébiscite on November 6th, 1804.

This text of 142 articles founded a new mode, the First Empire, and adapted to this mode the old institutions.

The new base of sovereignty

Napoleon bases his legitimacy on the grace of God according to the theory of divine Droit while continuing to claim itself of the people. He will be crowned by the Pope.

The Emperor

According to article 1, " The government of the Republic is entrusted to an emperor who takes the title of emperor of Français."

Napoleon chose the title of Emperor and not that of king to spare the susceptibility of the revolutionists. He allured Napoleon i by his reference to Charlemagne and by the character of " illimité".

Article 2 designates the holder Napoleon Bonaparte, without specifying the gasoline of its capacity.

Hereditary dignity

ART 3.La imperial dignity passes to the direct descent of the Emperor - other than the women and their descent according to the principle of primogeniture of the old mode. But as it does not have a heir, Napoleon i can choose his successor by Adoption among the children and the grandchildren of his brothers. However, these adopted children must yield the step to descendants born after their adoption.

The adoption is the innovation: because it instituted the Empire, Napoleon i asserts the right to have it with his own way.

Reconstitution of the nobility

A new stage is reached in the reconstitution of the nobility by the creation of six high-ranking dignitaries (Great Elector, archichancelier, architrésorier, archichancelier of State, large constable, Lord High Admiral) and of large officers of Empire (including sixteen marshals). The dignitaries chair the electoral colleges.

All the holders of the authority have to lend oath. By there the Empire a difference with the royalty affirms: it revêt this character of public hello.

Institutional innovations

Senate

Two commissions are created with the Senate: commission of individual freedom under the presidency of Lenoir-Laroche charged to examine the arbitrary arrests, and the commission of freedom of the press intended to slow down the abuses the censure. Actually these commissions addressed only opinions without sanction to the ministers. -----

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