Constitution of Portugal
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The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution.[1] It was preceded by a number of constitutions including the first one created in 1822 (following the Liberal Revolution of 1820),[2] 1826 (drawn up by King Dom Pedro IV),[3] 1838 (after the Liberal Wars),[4] 1911 (following the 5 October 1910 revolution),[5] and 1933 (after the 28 May 1926 coup d'état).[6]
Former Portuguese Constitutions
Constitution of 1822
The Portuguese Constitution of 1822 (Constituição Política da Monarquia Portuguesa, "Political Constitution of the Portuguese Monarchy") approved on 23 September 1822 was the first Portuguese constitution, marking an attempt to end absolutism and introduce a constitutional monarchy. Although it was actually in force only for two brief periods, 1822–23 and 1836–38, it was fundamental to the history of democracy in Portugal. It was replaced by the Constitutional Charter of 1826.
Constitutional Charter of 1826
The Charter of 1826 or Carta Constitucional, often simply referred to as the Carta, was the second constitution in Portuguese history. It was given to the country in 1826 by King Dom Pedro IV. In contrast to the first constitution, the Portuguese Constitution of 1822, approved by the constitutional assembly or cortes (see the Liberal Revolution of 1820, the Carta was an imposed constitution issued by the king under his own authority without the involvement of the people. It served as the constitution of Portugal from 1826 to 1828, from 1834 to 1836 and from 1842 until the end of the monarchy in 1910.
Constitution of 1838
The Political Constitution of the Portuguese Monarchy (Constituição Política da Monarquia Portuguesa) of 1838 was the third Portuguese constitution. After the September Revolution in 1836, the Constitutional Charter of 1826 was abolished and in its place the Constitution of 1822 was temporarily restored, while a constituent Cortes was convened to produce a new constitution. This was agreed, and Maria II swore an oath to it on 4 April 1838. It was a synthesis of the previous constitution of 1822 and 1826, with the establishment of an elected Senate rather than a House of Peers also drawn from the 1831 Constitution of Belgium and the Spanish Constitution of 1837. The French constitution of 1830 was also a source of influence.
Constitution of 1911
The Constitution of 1911 (Constituição Política da República Portuguesa, "Political Constitution of the Portuguese Republic") was voted on 21 August 1911, and it was the basic law of the
Constitution of 1933
The Portuguese Constitution of 1933 was introduced by Prime Minister
The executive branch was headed by a
Constitution of 1976
The Constitution of 1976 was drafted by a
After prolonged deliberation, the Constituent Assembly eventually adopted a constitution that provided for a democratic,
Until the constitutional revisions of 1982 and 1989, the constitution was a highly charged ideological document with numerous references to
Next, the military was given great political power through the role given by the constitution to the MFA-controlled Revolutionary Council that made the MFA a separate and practically co-equal branch of government. The council was to be an advisory body to the president (who was at first likely to come from the military itself), and would function as a sort of constitutional court to ensure that the laws passed by parliament were in accordance with the MFA's desires and did not undermine the achievements of the revolution. The council was also to serve as a high-level decision-making body for the armed forces themselves. The council was a concession to the MFA for allowing the Constituent Assembly to sit and promulgate a new "basic law." Some of the Portuguese left, especially the PCP, supported the idea.
The final innovative feature of the constitution was its creation of a system of government that was both presidential and parliamentary. The Constituent Assembly favored two centers of power so as to avoid both the dangers of an excessively powerful executive, as was the case during Salazar's Estado Novo regime, and the weaknesses arising from prolonged periods of parliamentary instability, as was the case during the First Republic.
The constitution was controversial from the start. It was widely seen in political circles as a compromise document in which all the parties contributing to it had been able to incorporate in it provisions they found vital. The constitution's parliamentary sections had the support of PS, the
Even before the constitution became law, politicians had agreed to change some provisions after the five-year period in which changes were prohibited (although some circles of the PS and PSD wanted to change it prior to that threshold). Objections to the document centered on its ideological content, its restrictions on certain economic activities, and its institutionalization of the military's role in the country's governance. The CDS, the party furthest to the
1st review (1982)
By the early 1980s, the political climate was ripe for constitutional reform. The centre-right conservative coalition Democratic Alliance, formed by the PSD, the CDS, and the People's Monarchist Party, the PPM, was in power; the PS had been voted out of office, and the PCP was politically isolated. The first amendments, enacted in 1982, dealt with the constitution's political arrangements. Although many of the economic provisions of the constitution had been not been implemented and were, in effect, ignored, there were not yet enough votes to reach the required two-thirds majority needed for their amendment.
The 1982 amendments were enacted through the ample votes of the AD and the PS. This combination of centre-right and centre-left political forces managed to end the military's control of Portuguese politics. It abolished the Council of the Revolution, controlled by the military, and replaced it with two consultative bodies. One of these, the Higher Council of National Defense, was limited to commenting on military matters. The other, the
2nd review (1989)
Despite the 1982 amendments, centrists and conservatives continued to criticize the constitution as too ideological and economically restrictive. Hence, the constitution was amended again in 1989. Many economic restrictions were removed and much ideological language eliminated, while governmental structures remained unchanged. The most important change enabled the state to privatize much of the property and many of the enterprises nationalized after 1974 revolution.
Provisions
The Portuguese Constitution includes the Preamble and 296 articles. The articles are organized in the Fundamental Principles, four parts plus the Final Dispositions. The parts are subdivided in titles and some of the titles are subdivided in chapters.
Preamble
The
On the 25th of April 1974 the Armed Forces Movement crowned the long resistance and reflected the deepest feelings of the Portuguese people by overthrowing the fascist regime.
Freeing Portugal from dictatorship, oppression and colonialism represented a revolutionary change and the beginning of an historic turning point for Portuguese society.
The Revolution restored their fundamental rights and freedoms to the people of Portugal. In the exercise of those rights and freedoms, the people's legitimate representatives are gathered to draw up a Constitution that matches the country's aspirations.
The Constituent Assembly affirms the Portuguese people's decision to defend national independence, guarantee citizens' fundamental rights, establish the basic principles of democracy, ensure the primacy of a democratic state based on the rule of law and open up a path towards a socialist society, with respect for the will of the Portuguese people and with a view to the construction of a country that is freer, more just and more fraternal.
Meeting in plenary session on 2 April 1976, the Constituent Assembly does hereby pass and decree the following Constitution of the Portuguese Republic:
Fundamental principles
The fundamental principles cover the first eleven articles (1st to 11th) of the Constitution.
This part covers the general Constitutional principles, stating the status of Portugal as
Part 1: Fundamental rights and duties
The Part 1 of the Constitution defines the fundamental rights and duties. It includes 68 articles (12 to 79), subdivided in three titles.
Title 1 states the general principles of the fundamental rights and duties.
Title 2 refers the rights, liberties and guaranties, namely the personal ones (Chapter I), the political participation ones (Chapter II) and the workers ones (Chapter III).
Title 3 refers the economical, social and cultural rights and duties, these being covered respectively by the chapters 1, 2 and 3.
Part 2: Economical organization
The Part 2 defines the economical organization and includes 28 articles (80 to 107), subdivided in four titles.
Title 1 states the general principles of the economical organization.
Title 2 refers to the plans.
Title 3 refers to the agricultural, commercial and industrial policies.
Title 4 refers to the financial and tax system.
Part 3: Organization of the political power
The Part 3 defines the political organization and includes 169 articles (108 to 276), subdivided in ten titles.
Title 1 states the general principles of the organization of the political power.
Title 2 refers to the
Title 3 refers to the Assembly of the Republic, stating its status and election (Chapter 1), its competencies (Chapter 2) and its organization and functioning (Chapter 3).
Title 4 refers to the Government, stating its function and structure (Chapter 1), its formation and responsibility (Chapter 2) and its competencies (Chapter 3).
Title 5 refers to the
Title 6 refers to the
Title 7 refers to the
Title 8 refers to the local power, stating its general principles (Chapter 1) and specifying the
Title 9 refers to the public administration.
Title 10 refers to the national defense.
Part 4: Guarantee and revision of the Constitution
The Part 4 defines the guarantee and revision of the Constitution, including 13 articles (277 to 289), subdivided in two titles.
Title 1 refers to the review of constitutionality.
Title 2 refers to the constitutional revision.
Final and transitory dispositions
The last part of the Constitution, covering seven articles (290th to 296th), defines the final and transitory dispositions.
It refers to the status of the previous law, to the transitory existence of the districts, to the criminalization and judgement of the former officers of the PIDE/DGS, to the re-privatization of the goods nationalized after the 25 April 1974, to the transitory regime applicable to bodies of local government, to the referendum about the European Treaty and to the date and entry in force of the Constitution.
See also
References
- ^ "The Constitution of 1976 and subsequent revisions". The Constitutional Monarchy. Assembly of the Republic of Portugal. Archived from the original on 22 October 2013. Retrieved 12 December 2013.
- ^ "The Cortes in the Constitution of 1822". The Constitutional Monarchy. Assembly of the Republic of Portugal. Archived from the original on 22 October 2013. Retrieved 12 December 2013.
- ^ "The Courts General in the Constitutional Charter of 1826". The Constitutional Monarchy. Assembly of the Republic of Portugal. Archived from the original on 22 October 2013. Retrieved 12 December 2013.
- ^ "The Courts General in the Constitution of 1838". The Constitutional Monarchy. Assembly of the Republic of Portugal. Archived from the original on 22 October 2013. Retrieved 12 December 2013.
- ^ "The Congress of the Republic in the Constitution of 1911". The Constitutional Monarchy. Assembly of the Republic of Portugal. Archived from the original on 22 October 2013. Retrieved 12 December 2013.
- ^ "The National Assembly in the Constitution of 1933". The Constitutional Monarchy. Assembly of the Republic of Portugal. Archived from [parlamento the original] on 22 October 2013. Retrieved 12 December 2013.
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value (help) - ^ Pennsylvania State University (1948). Political Constitution of the Portuguese Republic. S. N. I. Books. p. 44. Retrieved 23 October 2021.