網頁圖片
PDF
ePub 版

yield obedience to him; the executive power is thereby transferred in full authority to the national assembly. The judges of the high court of justice shall immediately assemble, on pain of forfeiture of their offices. They shall call together a jury, in some place to be by them designated, in order to proceed to trial and judgment upon the president and his accomplices; and they shall themselves appoint a magistrate to be charged with the functions of state attorney. A law shall determine the other cases of responsibility, as well as the forms and conditions of the prosecution of them.

ART. 69. The ministers shall have admission into the national assembly, and shall be heard whenever they require it, and they may also obtain the assistance of commissioners, who shall have been appointed by a decree of the president of the republic.

Art. 70. There shall be a vice-president of the republic, to be appointed by the national assembly, from a list of three candidates presented by the president within the month succeeding his election. The vice-president shall take the same oath as the president. The vice-president shall not be appointed from among the relations or kindred of the president to the sixth degree inclusive. Should the president by any cause be prevented from officiating, the vice-president will represent him for the time being. If the presidency shall become vacant by the death of the president, his dismissal from office, or from other causes, a new election for president shall take place within a month.

CHAPTER VI.

Of the Council of State. ART. 71. There shall be a council of state, of which the vice-president of the republic shall of right be the president.

ART. 72. The members of this council shall be appointed for six years by the national assembly. The half of this

council shall be renewed in the first two months of each new legislature, by secret ballot, and by an absolute majority. They shall be indefinitely re-eligible.

ART. 73. Such of the members of the council of state, who shall have been appointed from among the members of the assembly, shall be immediately replaced as representatives of the people.

ART. 74. The members of the council of state cannot be dismissed, except by the national assembly and at the suggestion of the president.

ART. 75. The council of state shall be consulted upon all bills or laws proposed by the government, which, according to law, must be presented for their previous examination; and also upon parliamentary bills which the assembly may send to them for their examination. It shall prepare the rules of public administration, and will alone make those regulations with regard to which the national assembly have given it a special delegation. It shall exercise over the public administrations all the powers of control and of superintendence which are conferred upon it by law. The law will determine the other powers and duties of the council.

CHAPTER VII.

Of the Interior Administration. ART. 76. The division of the territory into departments, arrondissements, districts and communes shall be maintained. Their present limits shall not be changed, except by law.

ART. 77. There shall be—1. In each department an administration composed of a prefect, a general council, and a council of prefecture. 2. In each arrondissement, a subprefect. 3. In each district, a district-council; nevertheless, only a single district-council shall be established in any city which is divided into several districts. 4. In each

commune, an administration, composed of a mayor, his assistants, and a municipal council.

ART. 78. A law shall determine the composition and duties of the general councils, the district councils, and the municipal councils, as well as, also, the manner of appointing the mayors and their assistants.

Art. 79. The general councils and the municipal councils shall be elected by the direct vote of all citizens living in the department or district; each district shall elect one member of the general council; a special law shall regulate the forms of election in the department of the Seine, in the city of Paris and in cities containing a population of more than twenty thousand souls.

ART. 80. The general councils, the district councils, and the municipal councils may be dissolved by the president of the republic, with the advice of the council of state; the law will fix the period within which a new election shall be held.

CHAPTER VIII.

Of the Judiciary Power. ART. 81. Justice shall be awarded, gratuitously, in the name of the French people. The proceedings shall be public, except in cases where publicity may be detrimental either to the public order or public morals, in which case the court shall declare the same by a formal judgment.

ART. 82. Trial by jury shall be continued in criminal cases.

ART. 83. The decision upon all political offences, and upon all offences committed by means of the press, appertains exclusively to the jury. The organic laws shall determine the tribunal and powers in relation to offences and defamation against private individuals.

ART. 84. The jury alone shall decide upon the question of damages claimed on account of offences by the press.

ART. 85. The justices of peace and their assistants, the judges of the first instance and of appeal, the members of the court of cassation and of the court of accounts, shall be appointed by the president of the republic, according to a system of candidateship on conditions which shall be regulated by the organic laws.

ART. 86. The magistrates shall be appointed by the president of the republic.

ART. 87. The judges of the first instance and of appeal, the members of the court of cassation and of the court of accounts shall be appointed for life. They shall not be dismissed or suspended, except after judgment, nor retire with a pension, except for causes, and according to proceedings appointed by law.

ART. 88. The councils of war and of revision of the armies by sea and land, the maritime tribunals, the tribunals of commerce, the prud'hommes, and other special tribunals, shall retain their present organization and their present functions, until the law shall decide otherwise.

ART. 89. Conflicts of privileges and duties between the administrative and the judicial authority shall be regulated by a special tribunal, composed of members of the court of cassation and of counsellors of state, to be appointed, every three years, in equal number, by the respective bodies to which they belong. This tribunal shall be presided over by the minister of justice.

ART. 90. Appeals for incompetence, or excess of power against the decrees of the court of accounts, shall be carried before the tribunal of conflictive jurisdiction.

ART. 91. A high court of justice shall decide, without appeal, demur, or recourse of annulment, in all accusations made by the national assembly against the president of the republic or the ministers. It shall likewise, in the same way, try all cases of persons accused of crimes, attempts, or plots against the internal and external safety of the state, which the assembly may have sent before it. Except in the case provided for in article 68, it shall not be called together unless by decree of the national assembly, which shall also designate the city in which the court shall hold its sittings.

Art. 92. The high court shall be composed of five judges and of thirty-six jurymen. Every year, in the first fifteen days of the month of November, the court of cassation shall appoint from among its members, by secret ballot and an absolute majority, the judges of the high court, the number to be five judges and two supplementary judges. The five judges, who are thus called upon to sit, will themselves select their president. The magistrates performing the functions of the public ministry shall be designated by the president of the republic, and, in the event of the accusation of the president or his ministers, by the national assembly. The jury, to the number of thirty-six, and four supplementary jurymen, shall be taken from among the members of the general councils of the departments. Representatives of the people shall not be competent to form part of these juries.

ART. 93. When a decree of the national assembly shall have ordered the formation of the high court of justice as also in the cases provided for in the 68th article, on the requisition of the president or of one of the judges, the president of the court of appeal, and in default of that court, the president of the tribunal of the first instance of the chief judiciary court of the department, shall draw lots in public assembly for the name of a member of the general council.

Art. 94. On the day appointed for the trial, if there are less than sixty jurymen present, the number shall be filled up by supplementary jurymen, drawn by lot by the presi

« 上一頁繼續 »