Constituent Assembly of Luxembourg
Encyclopedia
The Constituent Assembly of Luxembourg was a constituent assembly
called in 1848 in Luxembourg
to write and pass a new national constitution
.
The Grand Duchy had been administratively separate from the United Kingdom of the Netherlands
since the Belgian Revolution
in 1830, but remained in personal union
with the Netherlands
. The first constitution had been passed in 1841 under William II
, but it was a very conservative document, affirming the autocracy
of the King-Grand Duke
. With the outbreak of the Revolutions of 1848
, William changed from a conservative
to a liberal
, allowing for the preservation of the monarchy in the face of an upsurge in liberal sympathies.
On 24 March, a Grand Ducal decree called for the establishment a commission of fifteen to investigate how to preserve the government. On 30 March, they agreed, by thirteen votes to none (with two abstentions), to call a constituent assembly to rewrite the constitution, and this was accepted by the King-Grand Duke on 1 April. Elections to the assembly were held on 19 April 1848. The assembly met for the first time on 25 April, in the temporary seat of government, Ettelbruck
, as Luxembourg City was deemed too dangerous in the revolutionary atmosphere. On 29 April, they moved back to Luxembourg City, using the recently-constructed Luxembourg City Hall
.
The assembly adopted a constitution on 23 June, and it was given consent by the King-Grand Duke on 10 July. The constitution adopted was similar to the liberal constitution of Belgium
, which had been written by the National Congress
during the Belgian Revolution
. The only substantive difference was the non-inclusion of a senate
, which the King-Grand Duke urged to check the power of the new Chamber of Deputies
. A senate, the Council of State
, would eventually be created in 1856, with William III handing down a new (conservative) constitution against the wishes of the Chamber.
The constitution entered into force
on 1 August 1848, with a new government under the former governor, Gaspard-Théodore-Ignace de la Fontaine
, taking office until elections could be held to the first Chamber of Deputies. These were held on 28 September 1848. The Chamber took session on 3 October, and a new, permanent government, under Jean-Jacques Willmar, took office on 8 December 1848, completing the promulgation
of the constitution.
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
called in 1848 in Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
to write and pass a new national constitution
Constitution of Luxembourg
The Constitution of Luxembourg is the supreme law of the Grand Duchy of Luxembourg. The modern constitution was adopted on 17 October 1868.Whilst the constitution of 1868 marked a radical change in Luxembourg's constitutional settlement, it was technically an amendment of the original constitution...
.
The Grand Duchy had been administratively separate from the United Kingdom of the Netherlands
United Kingdom of the Netherlands
United Kingdom of the Netherlands is the unofficial name used to refer to Kingdom of the Netherlands during the period after it was first created from part of the First French Empire and before the new kingdom of Belgium split out in 1830...
since the Belgian Revolution
Belgian Revolution
The Belgian Revolution was the conflict which led to the secession of the Southern provinces from the United Kingdom of the Netherlands and established an independent Kingdom of Belgium....
in 1830, but remained in personal union
Personal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
with the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
. The first constitution had been passed in 1841 under William II
William II of the Netherlands
William II was King of the Netherlands, Grand Duke of Luxembourg, and Duke of Limburg from 7 October 1840 until his death in 1849.- Early life and education :...
, but it was a very conservative document, affirming the autocracy
Autocracy
An autocracy is a form of government in which one person is the supreme power within the state. It is derived from the Greek : and , and may be translated as "one who rules by himself". It is distinct from oligarchy and democracy...
of the King-Grand Duke
King-Grand Duke
The designation of King-Grand Duke was held by the three monarchs of the House of Orange-Nassau that ruled Luxembourg and the Netherlands in personal union, between 1815 and 1890...
. With the outbreak of the Revolutions of 1848
Revolutions of 1848
The European Revolutions of 1848, known in some countries as the Spring of Nations, Springtime of the Peoples or the Year of Revolution, were a series of political upheavals throughout Europe in 1848. It was the first Europe-wide collapse of traditional authority, but within a year reactionary...
, William changed from a conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
to a liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
, allowing for the preservation of the monarchy in the face of an upsurge in liberal sympathies.
On 24 March, a Grand Ducal decree called for the establishment a commission of fifteen to investigate how to preserve the government. On 30 March, they agreed, by thirteen votes to none (with two abstentions), to call a constituent assembly to rewrite the constitution, and this was accepted by the King-Grand Duke on 1 April. Elections to the assembly were held on 19 April 1848. The assembly met for the first time on 25 April, in the temporary seat of government, Ettelbruck
Ettelbruck
Ettelbruck is a commune with city status in central Luxembourg, with a population of approximately 7,500. As of 2005, the town of Ettelbruck itself, which lies in the east of the commune, has a population of 6,191. The town of Warken and Grentzingen are also within the commune...
, as Luxembourg City was deemed too dangerous in the revolutionary atmosphere. On 29 April, they moved back to Luxembourg City, using the recently-constructed Luxembourg City Hall
Luxembourg City Hall
Luxembourg City Hall is the city hall of Luxembourg City, in southern Luxembourg. The city hall is the centre of local government, including being used as the private office of the Mayor of Luxembourg City. Due to its position in Luxembourg's capital, it also regularly plays host to foreign...
.
The assembly adopted a constitution on 23 June, and it was given consent by the King-Grand Duke on 10 July. The constitution adopted was similar to the liberal constitution of Belgium
Constitution of Belgium
The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state...
, which had been written by the National Congress
National Congress of Belgium
The Belgian National Congress was a temporary legislative assembly in 1830, established shortly after the Provisional Government of Belgium had proclaimed Belgian independence on October 4 of that year...
during the Belgian Revolution
Belgian Revolution
The Belgian Revolution was the conflict which led to the secession of the Southern provinces from the United Kingdom of the Netherlands and established an independent Kingdom of Belgium....
. The only substantive difference was the non-inclusion of a senate
Senate
A senate is a deliberative assembly, often the upper house or chamber of a legislature or parliament. There have been many such bodies in history, since senate means the assembly of the eldest and wiser members of the society and ruling class...
, which the King-Grand Duke urged to check the power of the new Chamber of Deputies
Chamber of Deputies of Luxembourg
The Chamber of Deputies , abbreviated to the Chamber, is the unicameral national legislature of Luxembourg. 'Krautmaart' is sometimes used as a metonym for the Chamber, after the square on which the Hôtel de la Chambre is located....
. A senate, the Council of State
Council of State of Luxembourg
The Council of State is an institution in Luxembourg that advises the national legislature, the Chamber of Deputies. Until 1 January 1997, it was also the country's supreme administrative court, but this function was ceded to the newly created Administrative Tribunal and Administrative Court.The...
, would eventually be created in 1856, with William III handing down a new (conservative) constitution against the wishes of the Chamber.
The constitution entered into force
Coming into force
Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...
on 1 August 1848, with a new government under the former governor, Gaspard-Théodore-Ignace de la Fontaine
Gaspard-Théodore-Ignace de la Fontaine
Gaspard-Théodore-Ignace de la Fontaine was a Luxembourgian politician and jurist. He led the Orangist movement and was the first Prime Minister of Luxembourg, serving for four months, from 1 August 1848 until 6 December of the same year.His third son, Edmond, better known by his pen name 'Dicks',...
, taking office until elections could be held to the first Chamber of Deputies. These were held on 28 September 1848. The Chamber took session on 3 October, and a new, permanent government, under Jean-Jacques Willmar, took office on 8 December 1848, completing the promulgation
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
of the constitution.