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| Constitutional Act of 1901 Loi constitutionelle de 1901 | |
|---|---|
| File:Ainin CoA (1795-1899).png | |
| 26th National Assembly of Ainin | |
| Date signed | 2 May 1901 |
| Date commenced | 2 July 1901 |
| Legislative history | |
| Bill | House of Deputies |
| Introduced by | President Olivier Lapointe (PN-At Large) |
| First reading | 5 September 1900 |
| Second reading | 12 December 1900 |
| Third reading | 7 March 1901 |
| Bill introduced in the | House of Censure |
| Introduced by | Jean-Marie Évrard (PN-Risagne) |
| First reading | 9 March 1901 |
| Second reading | 17 March 1901 |
| Third reading | 23 April 1901 |
| Amends | |
| Amendments to the Constitution of Ainin | |
| Status: In force | |
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The Constitution of Ainin (French: Constitution d'Ainin), officially the Constitutional Act of 1901 (French: Loi constitutionelle de 1901), is the supreme law of Ainin. Composed of 174 articles organised in twelve chapters, it enumerates the rights of Aininian citizens and establishes the parliamentary and republican nature of the government. It replaces the Aininian Revolution-era Constitution of 1801, a shorter, more radical document. The era since the enactment of the 1901 Constitution is known as the Second Republic.
The Constitution was introduced to the National Assembly of Ainin on the eve of the republic's centennial by President Olivier Lapointe, who argued for a modernisation of the government and the abolition of the presidential system. Following spirited debate, it passed the House of Deputies by a roll call vote of 247-105 on 7 March and the House of Censure by unanimous consent on 23 April. It came into force on the 100th birthday of the Aininian Republic, 2 May 1901 (Independence Day).
Since then, the Constitution has been amended 29 times. The amendment procedure is considered difficult, requiring the approval of the National Assembly of Ainin, a majority of provincial legislatures and a referendum on 50% turnout. The most recent amendment was ratified in 1990 to give force to the Treaty of the Esquarian Community.
Background
Radical republican leaders of the Aininian Revolution envisioned a presidential system where the president served as an elected emperor of sorts, wielding strong executive power. Moderate elements preferred a Latin-influenced parliamentary system where the centre of power was the legislative branch, with the president serving as an honourary first citizen. The resulting Constitution of 1801 was a compromise and included aspects of both visions. While the First Republic adopted a presidential system, it also took several parliamentary cues. The president was subject to the confidence and supply of the National Assembly, which could call an early election by dissolving itself. Simultaneous elections for the legislature and presidency eliminated the risk of cohabitation common in presidential systems, but introduced the parliamentary danger of a minority government.
In the last two decades of the First Republic, the flaws of the 1801 Constitution were revealed. Winners of the presidential vote failed to gain corresponding majorities in the National Assembly, resulting in dysfunctional relations between the legislature and executive and political instability. The last president to be re-elected was Lucien Passereau in 1880. In the two decades since, liberal use of no-confidence motions by deputies caused a change in government every two to four years. The need for reform became increasingly obvious to many Aininians. Campaigning on a platform of constitutional overhaul, Olivier Lapointe won record electoral and legislative majorities in the 1897 election. After three years of consultations with key legislators and provincial officials, the Lapointe administration made good on its promise and introduced a draft constitution in August of 1900. The timing was intended to coincide with the upcoming centennial anniversary of the Republic's founding in 1801.
Legislative history
House of Deputies
The 1901 Constitution was introduced as a bill to the House of Deputies on 10 August 1900 by Lapointe, who as president held an at-large seat in the chamber. It received positive reactions, with most Nationalists and Liberals in support and the rump Conservative Party against. It quickly proceeded to its first reading on 5 September 1900, from which it graduated with 255 yea and 82 nay votes. The subsequent debate was described by a contemporary République article as "spirited", with the small but vocal republican minority decrying the "rape" of revolutionary values. They especially took issue with the "Nevan-like" parliamentary system and the replacement of radical republican symbols such as the coat of arms and national anthem with sanitised alternatives. The second reading was nonetheless approved by a large majority of 263-92 on 12 December 1900.
The bill was then sent to the Standing Committee on Constitutional Affairs, where opponents of the draft bill attempted to propose several wrecking amendments. For the most part, large bipartisan majorities prevented major amendments to the bill. Most changes approved were merely cosmetic or procedural. The only substantive amendment to be passed in committee was introduced by Liberal leader Martin de la Fourche which split criminal jurisdiction out of the Supreme Court and into a new Republican Court of Cassation. The bill reported out of committee on 6 March 1901 and passed its third reading the next day by a 247-105 vote.
House of Censure
The bill was introduced in the afternoon of the same day by Nationalist censor Jean-Marie Évrard of Risagne. As the intended enactment date of 2 May approached, the House of Censure put into place expedited procedures to ensure its timely passage. On 9 March, the bill passed its first reading with 77 votes in favour and 1 against (a censor from Mercier who disobeyed his voting instructions and was immediately recalled). The debate was much briefer and less controversial than in the lower house, as all of Ainin's provincial governments were in support of the new constitution. After some discussion of certain articles, the bill passed its second reading on 17 March by unanimous consent. It spent the next month in committee, where more stylistic changes were made. No substantive amendments were made as the House of Deputies announced that it would refuse to consent to any such changes. It reported out of committee on the morning of 23 April and passed its third reading on the afternoon of.
Enactment
The bill was signed into law by President Lapointe on 2 May 1801, Independence Day. As part of the bill, a general election was immediately declared and the final National Assembly session of the First Republic was dissolved. The constitution officially came into force after the 1901 general election, which returned a large National Party majority. Gérard Hébert became Prime Minister of Ainin while Lapointe was re-elected to a significantly weakened presidency.