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The French Constitutional Law of 1940 is a set of bills that were voted into law on 10 July 1940 by the National Assembly, which comprised both the Senate and the Chamber of Deputies during the French Third Republic. The law established the Vichy regime and passed with 569 votes to 80, with 20 abstentions. The group of 80 parliamentarians who voted against it are known as the Vichy 80. The law gave all the government powers to Philippe Pétain, and further authorized him to take all necessary measures to write a new constitution.[1] Pétain interpreted this as de facto suspending the French Constitutional Laws of 1875 which established the Third Republic, even though the law did not explicitly suspend it, but only granted him the power to write a new constitution. The next day, by Act No 2, Pétain defined his powers and abrogated all the laws of the Third Republic that were incompatible with them.[2]
Although given full constituent powers by the law, Pétain never promulgated a new constitution. A draft was written in 1941 and signed by Pétain in 1944, but it was never submitted or ratified.[3][4]
On the basis of this act, Marshal Pétain progressively instituted a new regime through a dozen constitutional acts issued between 1940 and 1942. However, a new Constitution was never declared. In positive law, although these acts put a de facto end to the Third Republic, the act of July 10, 1940, as well as all the constitutional acts taken in its application, were declared null and void in 1944, as the regime had never lawfully existed.
^"Constitutional act no. 2, defining the authority of the chief of the French state". Journal Officiel de la République française. July 11, 1940.
^Jackson, Julian (15 October 2011). "7. The Republic and Vichy". In Edward G. Berenson; Vincent Duclert; Christophe Prochasson (eds.). The French Republic: History, Values, Debates. Translated by Arthur Goldhammer. Cornell University Press. p. 67. ISBN978-0801-46064-7. OCLC 940719314. Retrieved 20 July 2020.
^Beigbeder, Yves (29 August 2006). Judging War Crimes and Torture: French Justice and International Criminal Tribunals and Commissions (1940-2005). Leiden: Martinus Nijhoff/Brill. p. 140. ISBN978-90-474-1070-6. OCLC 1058436580. Retrieved 20 July 2020.
Bibliographyedit
Derfler, Leslie (1966). The Third French Republic, 1870-1940. France: Van Nostrand. ISBN0-89874-480-6.
Paxton, Robert (1975). Vichy France. United States: W. W. Norton & Company. ISBN0-39300-794-4.
January 01, 1970
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You can help expand this article with text translated from the corresponding article in French July 2016 Click show for important translation instructions View a machine translated version of the French article Machine translation like DeepL or Google Translate is a useful starting point for translations but translators must revise errors as necessary and confirm that the translation is accurate rather than simply copy pasting machine translated text into the English Wikipedia Do not translate text that appears unreliable or low quality If possible verify the text with references provided in the foreign language article You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation A model attribution edit summary is Content in this edit is translated from the existing French Wikipedia article at fr Loi constitutionnelle du 10 juillet 1940 see its history for attribution You may also add the template Translated fr Loi constitutionnelle du 10 juillet 1940 to the talk page For more guidance see Wikipedia Translation The French Constitutional Law of 1940 is a set of bills that were voted into law on 10 July 1940 by the National Assembly which comprised both the Senate and the Chamber of Deputies during the French Third Republic The law established the Vichy regime and passed with 569 votes to 80 with 20 abstentions The group of 80 parliamentarians who voted against it are known as the Vichy 80 The law gave all the government powers to Philippe Petain and further authorized him to take all necessary measures to write a new constitution 1 Petain interpreted this as de facto suspending the French Constitutional Laws of 1875 which established the Third Republic even though the law did not explicitly suspend it but only granted him the power to write a new constitution The next day by Act No 2 Petain defined his powers and abrogated all the laws of the Third Republic that were incompatible with them 2 French Constitutional Law of 1940Act number 2 frontFrench National Assembly Third RepublicLong title Loi constitutionnelle du 10 juillet 1940Territorial extentFrance and its colonial empireEnacted byFrench National Assembly Third RepublicEnacted9 July 1940Signed byPhilippe PetainSigned9 July 1940Effective10 July 1940Repealed9 August 1944Repealed byOrdinance of 9 August 1944Summarydissolved Third Republic established regime of Vichy FranceStatus Void ab initio Although given full constituent powers by the law Petain never promulgated a new constitution A draft was written in 1941 and signed by Petain in 1944 but it was never submitted or ratified 3 4 The Ordinance of 9 August 1944 was an ordinance promulgated by the Provisional Government of the French Republic after D Day asserting the nullity of the Constitutional Law of 1940 and other classes of law passed later by Vichy The Constitution of 1940 was not repealed or annulled but rather declared void ab initio Contents 1 Application 2 Timeline of French constitutions 3 See also 4 References 5 BibliographyApplication editOn the basis of this act Marshal Petain progressively instituted a new regime through a dozen constitutional acts issued between 1940 and 1942 However a new Constitution was never declared In positive law although these acts put a de facto end to the Third Republic the act of July 10 1940 as well as all the constitutional acts taken in its application were declared null and void in 1944 as the regime had never lawfully existed Timeline of French constitutions edit nbsp See also editConstitutional Council France French constitutional laws of 1875 Constitutional law of 2 November 1945 Treveneuc lawReferences edit Text of the French Constitutional Law of 1940 Constitutional act no 2 defining the authority of the chief of the French state Journal Officiel de la Republique francaise July 11 1940 Jackson Julian 15 October 2011 7 The Republic and Vichy In Edward G Berenson Vincent Duclert Christophe Prochasson eds The French Republic History Values Debates Translated by Arthur Goldhammer Cornell University Press p 67 ISBN 978 0801 46064 7 OCLC 940719314 Retrieved 20 July 2020 Beigbeder Yves 29 August 2006 Judging War Crimes and Torture French Justice and International Criminal Tribunals and Commissions 1940 2005 Leiden Martinus Nijhoff Brill p 140 ISBN 978 90 474 1070 6 OCLC 1058436580 Retrieved 20 July 2020 Bibliography editDerfler Leslie 1966 The Third French Republic 1870 1940 France Van Nostrand ISBN 0 89874 480 6 Paxton Robert 1975 Vichy France United States W W Norton amp Company ISBN 0 39300 794 4 Retrieved from https en wikipedia org w index php title French Constitutional Law of 1940 amp oldid 1219216563, wikipedia, wiki, book, books, library,
