Charter of 1830: Rebalancing Powers between King and Parliament

Extract

[...] As article 13 mentions, the king ' commands the land and sea forces, declares war, makes peace, alliance, and trade treaties ». Although Parliament is consulted on certain decisions, particularly in financial matters, the king remains the supreme authority in matters of foreign policy and defense. This power allows him to directly influence international relations, without necessarily obtaining prior approval from the Chambers. This prerogative shows that, despite the reforms, the monarchy retains a central role in the conduct of royal affairs. [...]

[...] The control of public finances by representatives of the people becomes one of the essential instruments for balancing the powers between the king and Parliament. Furthermore, Article 16 specifies in turn that all laws must be freely discussed and voted by the majority of each of the two Chambers ». This highlights the growing importance of the two Chambers in the law-making process, thereby reducing the unilateral influence of the king in the legislative process. This limitation of the royal initiative and the increase in parliamentary prerogatives testify to a desire to transform the constitutional monarchy into a more balanced regime, where the Parliament holds a genuine legislative power. [...]

[...] The Charter of 1830 is essential in French constitutional history as it attempts to establish a new balance between royal power and parliamentary institutions. It limits royal prerogatives while strengthening Parliament, without completely erasing the central role of the king. The main issue of articles 12 to 18 therefore lies in the question of separation and the division of powers, a recurring theme in 19th-century political debates. From then on, one can legitimately wonder if the Charter of 1830 really manages to establish a balance of powers between the king and Parliament, while responding to the liberal demands arising from the Revolution of 1830? [...]

[...] In this sense, the Charter of 1830 seeks to alleviate the tensions that had emerged under Charles particularly in terms of excessive powers granted to the monarchy. The strengthening of parliamentary powers The counterpart to this weakening of the royal power is the strengthening of the powers of Parliament, particularly of the Chamber of Deputies. Article 15 of the Charter is particularly revealing, stating that the proposal of laws belongs to the king, to the Chamber of Peers and to the Chamber of Deputies. [...]

[...] The king still retains a strong influence on the execution of laws and the management of foreign affairs. In fact, he holds a key role in the legislative and executive process as well as numerous prerogatives in matters of defense and foreign policy The role of the king in the legislative and executive process As previously mentioned, if the Charter of 1830 aims to weaken the king in legislative matters, it nonetheless confers a major role on him in the execution of laws and in the conduct of state affairs. [...]