Tribunat
Encyclopedia
The Tribunat was one of the four assemblies set up in France by the Constitution of Year VIII (the other three were the Council of State, the Corps législatif and the Sénat conservateur
). It was set up officially on 1 January 1800 at the same time as the
Corps législatif
. Its first president was the historian Pierre Daunou, whose independent spirit led to his dismissal from the post by Napoleon Bonaparte
in 1802. The Tribunat assumed some of the functions of the Council of Five Hundred
, but its role consisted only of deliberating projected laws before their adoption by the Corps législatif, with the legislative initiative remaining with the Council of State.
, members of the Tribunat were not elected by direct universal suffrage
. They were chosen via a complex process by the Senate
from the "national lists of notables" ("listes nationales de notabilités") set up following a series of votes "en cascade" - the citizens would first elect "communal notables" from one tenth of their number, who would choose "departmental notables" from one tenth of their number, who would in turn choose "national notables" from another one tenth of their number.
to overturn "the lists of eligibles, the acts of the Legislative Body and those of the government" on account of unconstitutionality, but the Tribunat's opinion was, once again, non-binding.
of 18 Brumaire
, the Tribunat became a focus of opposition to the regime the First Consul was in the process of setting up. Also, on 7 January, Benjamin Constant
entered the Tribunat and, in a speech that made him leader of the opposition, denounced "the regime of servitude and silence" Bonaparte was preparing. The Tribunat was made up of liberal personalities like Constant, whose independent point of view Bonaparte saw as prejudicial to the public order and political unity he was trying to establish. Thus it was first purged after its opposition to the projected Code civil in 1802 (a purge made possible by a manoeuvre - the Tribunat was partially renewed at the regular interval, but it was unknown who in the Tribunat would be the first to be removed, and therefore Napoleon chose his opponents), then suppressed by a decree of the Senate in 1807, with its remaining functions and members absorbed into the Corps législatif.
It is notable that the Corps législatif tended to reinforce the powers of the executive
. The introduction of the plebiscite, reducing the chambers' legitimacy and thus their power, had the same aim. The Tribunat was an organ intended to improve separation of powers, but the way that the separation of powers was structured did not let the Tribunat run effectively.
The Constitution of 16 thermidor year X
(4 August 1802) foresaw:
The Constitution of the Year XII
stated that:
Sénat conservateur
The Sénat conservateur was a body set up in France during the Consulate by the Constitution of the Year VIII. With the Tribunat and the Corps législatif, it formed one of the three legislative assemblies of the Consulate...
). It was set up officially on 1 January 1800 at the same time as the
Corps législatif
Corps législatif
The Corps législatif was a part of the French legislature during the French Revolution and beyond. It is also the generic French term used to refer to any legislative body.-History:The Constitution of the Year I foresaw the need for a corps législatif...
. Its first president was the historian Pierre Daunou, whose independent spirit led to his dismissal from the post by Napoleon Bonaparte
Napoleon I of France
Napoleon Bonaparte was a French military and political leader during the latter stages of the French Revolution.As Napoleon I, he was Emperor of the French from 1804 to 1815...
in 1802. The Tribunat assumed some of the functions of the Council of Five Hundred
Council of Five Hundred
The Council of Five Hundred , or simply the Five Hundred was the lower house of the legislature of France during the period commonly known as the Directory , from 22 August 1795 until 9 November 1799, roughly the second half of the period generally referred to as the...
, but its role consisted only of deliberating projected laws before their adoption by the Corps législatif, with the legislative initiative remaining with the Council of State.
Elections
As with elections to the Corps législatifCorps législatif
The Corps législatif was a part of the French legislature during the French Revolution and beyond. It is also the generic French term used to refer to any legislative body.-History:The Constitution of the Year I foresaw the need for a corps législatif...
, members of the Tribunat were not elected by direct universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
. They were chosen via a complex process by the Senate
Sénat conservateur
The Sénat conservateur was a body set up in France during the Consulate by the Constitution of the Year VIII. With the Tribunat and the Corps législatif, it formed one of the three legislative assemblies of the Consulate...
from the "national lists of notables" ("listes nationales de notabilités") set up following a series of votes "en cascade" - the citizens would first elect "communal notables" from one tenth of their number, who would choose "departmental notables" from one tenth of their number, who would in turn choose "national notables" from another one tenth of their number.
Functions
The Tribunat's function was to send three orators to discuss proposed laws with government orators in the presence of the Corps législatif. It could not vote on such laws, but its decisions did have some consequence, if only as a consultative opinion, with the final decision always coming back as a last resort to the First Consul, who might or might not take the Tribunat's opinion into account. The Tribunat could also ask the SenateSénat conservateur
The Sénat conservateur was a body set up in France during the Consulate by the Constitution of the Year VIII. With the Tribunat and the Corps législatif, it formed one of the three legislative assemblies of the Consulate...
to overturn "the lists of eligibles, the acts of the Legislative Body and those of the government" on account of unconstitutionality, but the Tribunat's opinion was, once again, non-binding.
History
Shortly after the coup d'étatCoup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
of 18 Brumaire
18 Brumaire
The coup of 18 Brumaire was the coup d'état by which General Napoleon Bonaparte overthrew the French Directory, replacing it with the French Consulate...
, the Tribunat became a focus of opposition to the regime the First Consul was in the process of setting up. Also, on 7 January, Benjamin Constant
Benjamin Constant
Henri-Benjamin Constant de Rebecque was a Swiss-born French nobleman, thinker, writer and politician.-Biography:...
entered the Tribunat and, in a speech that made him leader of the opposition, denounced "the regime of servitude and silence" Bonaparte was preparing. The Tribunat was made up of liberal personalities like Constant, whose independent point of view Bonaparte saw as prejudicial to the public order and political unity he was trying to establish. Thus it was first purged after its opposition to the projected Code civil in 1802 (a purge made possible by a manoeuvre - the Tribunat was partially renewed at the regular interval, but it was unknown who in the Tribunat would be the first to be removed, and therefore Napoleon chose his opponents), then suppressed by a decree of the Senate in 1807, with its remaining functions and members absorbed into the Corps législatif.
It is notable that the Corps législatif tended to reinforce the powers of the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
. The introduction of the plebiscite, reducing the chambers' legitimacy and thus their power, had the same aim. The Tribunat was an organ intended to improve separation of powers, but the way that the separation of powers was structured did not let the Tribunat run effectively.
Organisation and constitution
The Constitution of Year VIII organised the Tribunat:The Constitution of 16 thermidor year X
Constitution of the Year X
The Constitution of the Year X was a national constitution of France adopted during the Year X of the French Revolutionary Calendar...
(4 August 1802) foresaw:
The Constitution of the Year XII
Constitution of the Year XII
The Constitution of the Year XII was a national constitution of France adopted during the Year XII of the French Revolutionary Calendar ....
stated that:
Sessions
- 1st session: from 1 January 1800 (11 nivôse year VIII) to 7 November 1800 (16 brumaire year IX).
- 2nd session: from 22 November 1800 (1 frimaire year IX) to 7 November 1801 (16 brumaire year X).
- 3rd session: from 22 November 1801 (1 frimaire year X) to 14 August 1802 (26 thermidor year X).
- 4th session: from 20 August 1802 (2 fructidor year X) to 20 August 1803 (2 fructidor year XI).
- 5th session: from 26 September 1803 (3 vendémiaire year XII) to 2 June 1804 (13 prairial year XII).
- 6th session: from 2 December 1804 (11 frimaire year XIII) to 30 December 1805 (9 nivôse year XIV).
- 7th session: from 1 January 1806 to 12 May 1806.
- 8th session: from 14 August 1807 to 18 September 1807.