Political Constitution of the Portuguese Republic (1911)

Title I. — The  Form  of  Goveknment  and  the  Territory  of  the Portuguese  Nation.

Article 1. The Portuguese  nation,  constituted  as  a  unitary  vState, adopts the  Republic  as  the  form  of  government,  in  the  terms  of  this Constitution.

Art. 2. The  territory  of  the  Portuguese  nation  is  that  existing  at the  date  of  the  proclamation  of  the  Republic.

§. The  nation  does  not  renounce  the  rights  which  it  has  or  may hereafter acquire  to  any  other  territory.

Title II. — Individual Rights  and  Guarantees.

Art. 3. The  Constitution  guarantees  to  Portuguese  and  foreigners resident in  the  country  the  inviolability  of  their  rights  with  regard  to liberty,  personal  security  and  property,  in  the  following  terms :

1. No  one  can  be  forced  to  do  anything,  or  to  desist  from  doing anything, except  by  virtue  of  a  law.

2. The  law  is  equal  for  all,  but  only  that  which  has  been  promul- gated in the  terms  of  this  Constitution  is  binding.

3. The  Portuguese  Eepublic  does  not  admit  privileges  of  birth or prerogatives  of  nobility,  and  abolishes  all  titles  of  nobility  and  of councilorship,  as  also  all  orders  of  merit  and  all  their  rights  and privileges. Civil deeds  and  military  acts  may  be  rewarded  by  special diplomas.

No Portuguese  citizen  may  accept  a  foreign  decoration.

4. Liberty  of  conscience  and  of  creed  is  inviolable.

5. The  State  recognizes  the  political  and  civil  equality  of  all creeds, and  guarantees  their  exercise  within  the  limits  compatible with public  order,  the  laws  and  good  customs,  so  long  as  they  do  not infringe the  principles  of  Portuguese  public  right.

6. No  one  can  be  persecuted  on  religious  grounds,  nor  ques- tioned by any  authority  with  regard  to  the  religion  professed.

7. No  one  can,  on  the  ground  of  religious  opinions,  be  deprived of any  right  or  be  exempted  from  the  performance  of  a  civic  duty.

8. The  public  observance  of  any  religion  is  free  in  the  buildings chosen or  destined  for  the  purpose  by  the  followers  of  that  religion, and the  buildings  can  always  have  the  exterior  form  of  a  church ;  but, in the  interests  of  public  order  and  of  the  liberty  and  safety  of citizens,  a  special  law  shall  lay  down  the  conditions  of  its  observance.

9. Public  cemeteries  shall  have  a  secular  character,  the  exer- cise of the  respective  rites  being  free  to  all  religions  as  regards  their followers, so  long  as  they  do  not  offend  public  morals,  the  principles of Portuguese  public  right  and  the  law.

10. Teaching  in  public  and  private  establishments  under  gover: ment control  shall  be  neutral  as  regards  religion.

11. Primary  elementary  education  shall  be  obligatory  and  gr tuitous.

12. The  legislation  in  force  which  abolished  and  dissolved  : Portugal the  Society  of  Jesus,  the  societies  therein  aifiliated,  of  whal ever denomination,  and  all  religious  congregations  and  monastic  order is maintained,  and  they  shall  never  be  admitted  in  Portuguese  ter ritory.

13. The  expression  of  thought  in  any  form  whatever  is  com pletely free,  and  not  dependent  upon  the  previous  giving  of  security submission to  censure  or  the  obtaining  of  previous  authorizatioi

PORTUGAL. 501

but the  abuse  of  this  privilege  is  punishable  in  the  cases  and  in  the manner prescribed  by  law.

14. The  ri^ht  of  meeting  and  association  is  free  to  all. Special laws shall  detennine  the  form  and  conditions  of  this  right.

15. Inviolability  of  domicile  is  guaranteed;  the  house  of  a  citi- zen may be  entered  at  night  without  his  consent  only  when  a  demand therefor is  made  from  within  or  in  order  to  render  assistance  to  vic- tims of crimes  or  accidents ;  and  during  the  day  only  in  the  cases  and in the  manner  prescribed  by  law.

16. No  one  can  be  arrested  unless  on  a  specific  charge,  except  in. flagrante delicto  and  in  the  following  cases :

Forgery of  coins  or  of  national  bank-notes  and  bonds  of  the  Por- tuguese public debt,  deliberate  homicide  when  qualified  as  a  crime, burglary, robbery,  fraudulent  bankruptcy  and  arson.

17. No  one  shall  be  committed  to  prison  or  be  therein  detained  if already  imprisoned,  who  offers  proper  surety  or  declaration  of  resi- dence in the  cases  in  which  the  law  admits  it.

18. Except  in  the  cases  of  flagrante  delicto,  no  arrest  can  be  ef- fected without a  written  warrant  from  the  competent  authority  and in conformity  with  the  express  provisions  of  the  law.

19. No  one  shall  be  committed  to  prison  for  inability  to  pay  costs and stamps.

20. The  preliminary  investigation  in  criminal  proceedings  shall be open  to  contestation,  thus  ensuring  the  accused,  before  and  after the drawing  up  of  the  indictment,  every  means  of  defending  them- selves.

21. No  one  shall  be  sentenced  except  by  the  competent  authority, by virtue  of  an  existing  law  and  in  the  manner  prescribed  by  the same.

22. In  no  cases  can  the  penalty  of  death  be  established,  nor  can corporal punishment  be  perpetual  or  of  unfixed  duration.

23. No  punishment  shall  extend  beyond  the  person  of  the  delin- quent; in no  case  whatever  shall  there  be  confiscation  of  property, nor shall  the  infamy  of  the  guilty  party  affect  relatives  in  any  degree.

24. The  right  to  the  revision  of  all  sentences  of  condemnation  is assured  exclusively  in  favor  of  the  condemned.

§. Special  laws  shall  determine  what  cases  are  subject  to  revision and the  manner  of  revision.

25. The  right  of  property  is  guaranteed  within  the  limitations established by  the  law.

26. Every  description  of  work,  industr}^  and  commerce,  except such as  are  restricted  by  law  or  for  the  public  good,  is  allowed.

Only the  legislative  power  and  administrative  bodies  can,  in cases  of  recognized  public  utility,  grant  the  exclusive  right  to  de- velop any branch  of  trade  or  industry.

502 CONSTITUTIONS   OF  THE   STATES  AT  WAR.

27. No  one  is  obliged  to  pay  taxes  which  have  not  been  voted  by the  legislative  power  or  by  the  administrative  bodies  legally  author- ized to impose  them,  when  their  collection  is  not  effected  in  the manner prescribed  by  the  law. .

28. The  secrecy  of  correspondence  is  inviolable.

29. The  right  to  public  assistance  is  recognized.

30. Every  citizen  may  present  to  the  powers  of  the  State  claims,  < complaints and  petitions,  they  may  report  any  infringement  of  the Constitution, and  may,  without  any  previous  authorization,  demand from the  competent  authorities  the  punishment  of  offenders.

31. The  habeas  corpus  must  always  be  granted  whenever  a  per- son suffers, or  is  in  imminent  danger  of  suffering,  violence  or  re- straint illegally or  through  an  abuse  of  power.

The guarantee  of  the  habeas  corpus  shall  only  be  suspended  ini cases of  a  state  of  siege  on  account  of  sedition,  conspiracy,  rebellion or foreign  invasion.

A special  law  will  regulate  the  extent  of  this  guarantee  and  the procedure to  be  followed.

32. All  persons  employed  in  the  public  service,  in  administrative bodies or  companies  under  contract  with  the  State  are  guaranteedi their posts,  together  with  the  rights  inherent  therein,  during  their term of  obligatory  military  service.

33. Matters  relating  to  civil  status  and  the  respective  registers appertain exclusively  to  the  civil  authorities.

34. If,  after  the  execution  of  a  criminal  sentence,  it  subsequently comes to  be  proved  by  legal  means  to  have  been  unjust,  the  condemned person or  his  heirs  shall  have  the  right  to  compensation  for  losses and damages,  which  shall  be  paid  by  the  National  Treasury  after judgment has  been  passed  in  conformity  with  the  law.

35. In  cases  not  provided  for  by  law,  no  one,  even  if  mentally abnormal, can  be  deprived  of  his  personal  liberty,  without  previous judicial sanction,  except  in  cases  of  duly  proved  necessity,  the  proper judicial confirmation  being  immediately  applied  for.

36. Any  person  interned  or  detained  in  a  lunatic  establishment or placed  under  private  restraint,  and  also  his  legal  representative or any  relative  or  friend,  may  at  any  time  call  on  the  judge  concerned to set  him  at  liberty,  after  the  necessary  inquiries  have  been  made, should there  be  good  cause  to  do  so.

37. It  is  lawful  for  every  citizen  to  resist  any  order  which  in- fringes individual guarantees,  unless  they  have  been  legally  sus- pended.

38. None  of  the  powers  of  the  State  shall  separately  or  conjointly suspend the  Constitution  or  limit  the  rights  asserted  in  it,  except  in the  cases  expressly  mentioned  therein.

PORTUGAL. 503

Art. 4. The  particular  guarantees  and  rights  mentioned  in  the  Con- stitution do not  exclude  other  guarantees  and  rights  not  enumerated but resulting  from  the  form  of  government  it  establishes,  and  from principles asserted  or  contained  in  other  laws.

Title III. — The Sovereignty  and  Powers  of  the  State.

Art. 5. The  sovereignty  essentially  resides  in  the  nation. Art. 6. The  organs  of  the  national  sovereignty  are : The legislative,  executive  and  judicial  powers,  independent  and mutually harmonious.

section   1. THE  legislative   POWER.

Art. 7. The  legislative  power  is  exercised  by  the  Congress  of  the Eepublic composed  of  two  houses,  called  the  Chamber  of  Deputies and the  Senate.

§ 1.  The  members  of  Congress  are  representatives  of  the  nation  and not of  the  colleges  which  elect  them.

§ 2.  No  one  can  at  one  and  the  same  time  be  a  member  of  the  two houses.

§ 3.  No  one  can  be  a  senator  under  35  years  of  age,  or  a  deputy under 25  years.

Art. 8. The  Chamber  of  Deputies  and  the  Senate  are  elected  by  di- rect suffrage of  the  citizen  electors,

§. The  organization  of  the  electoral  colleges  of  the  two  houses  and the procedure  of  election  shall  be  regulated  by  special  law.

Art. 9. The  Senate  shall  be  composed  of  senators  elected  in  the  pro- portion of 3  for  every  district  of  the  continent  and  the  adjacent  islands, and of  1  for  every  overseas  province.

§. For  the  elections  of  senators  in  each  of  the  districts  of  the  con- tinent and adjacent  islands,  lists  shall  only  contain  two  names.

Art. 10. For  the  election  of  the  Chamber  of  Deputies  and  of  the Senate, the  electoral  colleges  shall  meet  on  their  own  prerogative,  if they  are  not  duly  convoked  before  the  termination  of  the  legislature and within  the  period  prescribed  by  law.

Art. 11. Congress  of  the  Republic  will  meet  on  its  own  preroga- tive in the  capital  of  the  nation  on  the  second  da}^  of  December  of each  year. The legislative  session  shall  last  four  months  and  may only be  prorogued  or  adjourned  by  decision  of  Congress  itself,  taken at a  joint  session  of  the  two  houses. Each legislature  shall  last  three years.

Art. 12. Congress  may  be  convoked  extraordinarily  by  a  fourth part of  its  members  or  by  the  executive  power.

Art. 13. The  two  houses,  the  opening  and  closing  sessions  of which  shall  be  on  the  same  days,  shall  work  separately  and  in  public i sessions,  except  when  otherwise  decided.

504 CONSTITUTIONS   OF  THE  STATES  AT  WAR.

Decisions shall  be  taken  by  majority  of  votes,  an  absolute  majority of the  members  of  each  house  being  present.

§. It  is  incumbent  on  each  of  the  houses  to  verify  and  recognize the powers  of  their  members,  to  elect  their  bureau,  to  organize  their internal rules,  to  regulate  their  police  service  and  to  appoint  their officials.

Art. 14. The  joint  sessions  of  the  two  houses  shall  be  presided  over by the  elder  of  the  presidents.

Art. 15. Deputies  and  senators  are  inviolable  on  account  of  their opinions and  votes  in  the  discharge  of  their  mandate. Their vote shall be  free  and  independent  of  any  promptings  and  directions.

Art. 16. During  the  exercise  of  the  legislative  functions  no  mem- ber of Congress  may  act  as  juryman,  expert  or  witness  without  the authorization of  the  house  concerned.

Art. it. No deputy  or  senator  shall  be  arrested  or  imprisoned  dur- ing the period  of  the  sessions  without  the  previous  consent  of  his house, except  in  case  of  flagrante  delicto^,  to  which  is  applicable  the " greater  penalty  "  ^  or  its  equivalent  in  the  penal  scale.

Art. 18. Whenever  criminal  proceedings  are  brought  against  a deputy  or  senator  and  the  offender  has  been  committed,  the  judge shall submit  the  case  to  the  house,  which  shall  decide  whether  the deputy or  senator  ought  to  be  suspended,  and  whether  the  proceed- ings shall continue  during  the  interruption  of  the  sessions  or  after the duties  of  the  offender  have  terminated.

Art. 19. During  the  sessions  members  of  Congress  will  receive  a, salary  to  be  fixed  by  the  National  Constituent  Assembly.

Art. 20. No  member  of  Congress  may,  after  being  elected,  con- clude contracts with  the  executive  power  or  accept  from  it  or  from any foreign  government  any  paid  office  or  commission.

§ 1.  The  follow  ing  are  exceptions  to  this  prohibition :

1. Diplomatic  missions.

2. Military  commissions  or  commands  and  the  office  of  Commis- sioner for the  Republic  in  the  Colonies.

3. The  offices  which  are  the  result  of  promotion.

4. Appointments,  preceded  by  competition,  Avhich  by  law  arc made by  the  government  or  on  a  proposal  made  by  bodies  whose legal province  it  is  to  indicate  or  select  the  official  to  be  appointed.

§ 2.  No  deputy  or  senator,  however,  may  accept  a  nomination  tc missions,  commissions  or  commands  ref  eired  to  in  Nos. 1 and  2  of  thq preceding §.,  without  the  previous  consent  of  the  house  to  which  he belongs,  whenever  such  acceptance  would  prevent  him  from  exer- cising his legislative  functions,  except  in  case  of  war  or  when  the honor or  integrity  of  the  nation  is  at  stake.

iln the  original  the  words  used  are  pena  major. Penas majores  are  the  punishments which can  only  be  inflicted  as  the  result  of  trial  by  jury.

PORTUGAL. 505

Art. 21. Xo  deputy  or  senator  may  take  part  in  the  administration, management or  superintendence  of  undertakings  or  companies  con- stituted by contract  or  by  special  concession  or  which  have  any  privi- lege from the  State,  not  conferred  by  general  law,  subsidy  or  guar- antee of revenue  (save  what  is  in  the  interests  of  the  State  under government  control) ;  nor,  moreover,  can  he  be  a  concessionnaire,  con- tractor or partner  in  any  firm  holding  concessions,  contracts  or  en- gagements for public  w  orks  and  financial  operations  with  the  State.

§. The  disregard  of  the  provisions  contained  in  this  or  the  preced- ing article entails  forfeiture  of  the  seat  and  cancellation  of  the  acts and contracts  therein  referred  to.

THE CHAMHEK  OF  DEPUTIES.

Art. 22. Deputies  are  elected  for  three  years.

§. A  deputy  elected  to  fill  a  vacancy  occurring  by  death  or  any other cause  shall  only  exercise  his  mandate  during  the  unexpired period of  the  legislature.

Art. 23. It  is  the  province  of  the  Chamber  of  Deputies  to  take  the initiative :

a. As  regards  taxes.

h. The  organization  of  the  land  and  sea  forces.

c. The  discussion  of  the  bills  laid  by  the  executive  power.

d. The  impeachment  of  the  members  of  the  executive  power,  for breaches of  duty  committed  in  that  capacity,  in  accordance  w^ith  the provisions of  this  Constitution.

e. The  revision  of  the  Constitution.

/. The  prorogation  and  adjournment  of  the  legislative  session.

THE    SENATE.

Art. 24. Senators  are  elected  for  six  years.

Whenever it  shall  be  necessary  to  hold  a  general  election  of  deputies, one half  of  the  members  of  the  Senate  shall  be  renewed.

§ 1.  For  the  first  renewal  of  the  Senate,  it  shall  be  decided  b}^  lot which are  the  districts  and  overseas  provinces  whose  representatives must retire ;  subsequent  retirements  w411  be  by  priority  of  election.

§ 2.  A  senator  elected  to  fill  a  vacancy  arising  through  death  or any  other  cause  w^ill  exercise  his  mandate  during  the  unexpired  term of office  of  the  late  senator.

Art. 25. The  Senate  has  the  exclusive  right  to  approve  or  reject  by secret  vote  proposals  for  the  appointments  of  governors  and  commis- sioners of the  Republic  in  the  provinces.

§. When  Congress  is  closed,  the  appointments  mentioned  in  this article, Avhen  made  by  the  executive  power,  shall  be  considered  pro- visional.

88381—19 33

506

CONSTITUTIONS  OF   THE   STATES   AT   WAE.

THE   ATTRIBUTIONS    OF    THE    REPUBLIC.

Art. 26. It  is  the  exclusive  province  of  the  Congress  of  the  Re- public :

1. To  make,  interpret,  suspend  and  revoke  laws.

2. To  see  to  the  observance  of  the  Constitution  and  of  the  laws and to  promote  the  welfare  of  the  nation.

3. To  estimate  the  receipts  and  fix  the  amount  of  expenditure  each year, take  charge  of  the  accounts  of  receipts  and  expenditure  of  each financial year  and  vote  the  annual  taxes.

4. To  authorize  the  executive  power  to  contract  loans  and  under- take other financial  operations,  except  in  connection  with  the  float- ing debt, and  to  establish  and  give  previous  approval  to  the  general] conditions under  which  they  are  to  be  carried  out.

5. To  regulate  the  payment  of  the  internal  and  external  debt.

6. To  take  measures  for  the  organization  of  national  defense.

7. To  create  and  suppress  public  employments  and  determine the attributions  and  salaries  of  officials.

8. To  create  and  suppress  customs  houses.

9. To  settle  the  weight,  value,  inscription,  type  and  denomina- tion of coins.

10. To  determine  the  standard  of  weights  and  measures.

11. To  establish  banks  of  issue,  regulate  the  issue  of  notes  audi the respective  charges  thereon.

12. To  decide  as  to  the  boundaries  of  the  territories  of  the  nation.]

13. To  fix  the  limits  of  the  administrative  divisions  of  th( country,  and  decide  as  to  their  general  organization.

11-. To  authorize  the  executive  power  to  declare  w^ar  if  recourse be not  had  to  arbitration,  or  if  the  same  should  fail,  except  in  cases of imminent  or  effective  aggression  by  foreign  forces.

15. To  give  a  definite  decision  as  to  treaties  and  conventions.

16. To  declare  one  or  more  places  of  the  national  territory  to  be in  a  state  of  siege,  with  a  total  or  partial  suspension  of  constitutional rights, in  an  emergency  of  foreign  aggression  or  internal  disorderj

§ 1.  Should  Congress  not  be  sitting,  this  function  shall  be  exer- cised by the  executive  power.

§ 2.  The  latter,  however,  during  the  state  of  siege,  shall  restrici itself to  measures  of  repression  against  persons  and  to  the  detentioi of criminals  in  places  not  destined  to  common  offenders.

§ 3.  On  the  reasserdbly  on  its  own  prerogative  of  Congress  withii the space  of  30  days,  the  executive  power  shall  present  a  report  stating the reasons  for  the  exceptional  measures  taken  and  for  the  abuse  oi which  the  respective  authorities  shall  be  made  responsible.

17. To  organize  the  judicial  power  in  the  terms  of  the  presenjj Constitution.

PORTUGAL. 507

18. To  grant  amnesties.

19. To  elect  the  President  of  the  Kepublic.

20. To  dismiss  the  President  of  the  Republic  according  to  the terms of  the  Constitution.

21. To  settle  as  to  the  revision  of  the  Constitution  before  the  lapse of the  period  of  ten  3^ears,  in  the  terms  of  §  1  of  Article  82.

22. To  regulate  the  administration  of  national  property.

23. To  legislate  in  regard  to  the  disposal  of  national  property.

24. To  sanction  codes  of  rules  for  the  due  execution  of  the  laws. §. Rules  which  have  not  obtained  this  sanction  are  considered

provisional.

25. To  continue  in  the  exercise  of  their  legislative  functions,  after the termination  of  the  respective  legislature,  if  for  any  reason  the elections have  not  been  held  within  the  constitutional  periods.

§. This  extension  of  functions  shall  coi^tinue  until  the  elections, which will  return  the  new  members  to  Congress,  have  been  held.

THE INITIATIVE,  FOKMATION   AND  PROMULGATION  OF  LAWS  AND  RESOLUTIONS.

Art. 27. The  authorization  allowed  by  the  legislative  power  can  not be utilized  more  than  once.

Art. 28. Save  the  exceptions  mentioned  in  Article  23,  the  initiative of bills  is  open  without  distinction  to  all  members  of  the  Congi-ess  or of  the  executive  power.

Art. 29. A  bill  when  adopted  in  one  of  the  houses  shall  be  sub- mitted to the  other,  and  the  latter,  if  it  approves  it,  shall  send  it  to the  President  of  the  Republic,  who  shall  promulgate  it  as  law.

Art. 30. The  form  of  promulgation  shall  be  as  follows:  "In  the name  of  the  nation,  the  Congress  of  the  Republic  has  decreed  and  I hereby  promulgate  the  following  law  (or  resolution)."

Art. 31. The  President  of  the  Republic,  as  chief  of  the  executive power, shall  promulgate  any  bill  within  the  period  of  15  days  from the date  on  which  it  was  presented  to  him. Silence on  the  part  of the  President  up  to  the  last  day  of  the  said  period  is  equivalent  to promulgation  of  the  law.

Art. 32. A  bill  approved  by  one  house  shall  be  sent  to  the  other, which shall  decide  in  regard  to  it  not  later  than  in  the  legislative

-sion following  that  in  which  it  was  approved. Failing this,  the -> xt  approved  by  the  house  in  which  the  bill  was  introduced  shall 1)0 promulgated.

Art. 33. A  bill  brought  in  by  one  house  and  amended  by  the  other hhall be  returned  to  the  first,  which,  if  it  accept  the  amendments, j<hall send  the  bill  amended  accordingly  to  the  President  of  the  Re- public for promulgation.

508 CONSTITUTIONS   OF   THE   STATES   AT   WAR.

§. When  the  amendments  are  not  approved,  the  latter,  together with the  bill,  shall  be  submitted  for  discussion  and  to  a  vote  of  the two houses  at  a  joint  sitting.

The approved  text  shall  be  sent  to  the  President  of  the  Kepublic, who shall  promulgate  it  as  a  law.

Art. 34. When  a  bill  has  been  rejected  by  one  of  the  houses  after it has  been  approved  in  the  other,  it  shall  be  dealt  with  as  if  it  had undergone amendments  instead  of  rejection.

Art. 35. Bills  which  have  been  definitely  rejected  can  not  be  rein- troduced in the  same  legislative  session.

SECTION 2. THE EXECUTIVE  POWER.

Art. 36. The  executive  power  is  exercised  by  the  President  of  the Republic and  by  the  ministers.

Art. 37. The  President  of  the  Republic  represents  the  nation  in  all general State  relations,  both  internal  and  external.

THE ELECTION  OF  THE  PRESIDENT  OF  THE  EEPUBLIC.

Art. 38. The  election  of  the  President  of  the  Republic  shall  take place at  a  special  sitting  of  Congress,  which  shall  assemble  of  its  own prerogative 60  days  before  the  term  of  the  presidental  office.

§ 1.  Voting  will  be  by  secret  ballot  and  election  will  be  by  two thirds of  the  votes  of  the  members  of  the  two  houses  of  Congress at a  joint  sitting.

If none  of  the  candidates  obtain  an  absolute  majority,  the  election will continue,  at  a  third  voting,  only  as  between  the  two  who  hav& obtained the  highest  number  of  votes,  the  one  obtaining  the  highest number of  votes  being  finally  elected.

§ 2.  In  the  case  of  a  vacancy  occurring  in  the  Presidency,  through death or  any  other  cause,  the  two  houses,  united  in  Congress  of  the Republic on  their  own  prerogative,  shall  forthwith  proceed  to  the election of  a  new  President,  who  shall  exercise  his  functions  during the presidential  period  still  to  run.

§ 3.  So  long  as  the  election  referred  to  in  the  preceding  §  shall not have  been  carried  out,  or  whenever  there  shall  be  a  temporary impediment in  the  exercise  of  presidential  functions,  the  ministers shall jointly  assume  full  executive  power.

Art. 39. Only  Portuguese  citizens  not  less  than  35  years  of  age,  in the  full  enjoyment  of  political  and  civil  rights,  and  who  have  not had any  other  nationality  may  be  elected  President  of  the  Republic.

Art. 40. The  following  are  ineligible  to  the  office  of  President  of the  Republic :

a. Members  of  the  families  which  have  reigned  in  Portugal.

I

PORTUGAL. 509

h. Blood  relatives  or  connections  in  the  first  or  second  degrees, by civil  right,  of  the  outgoing  President,  but  only  as  regards  the first election  following  his  retirement.

Art. 41. A  member  of  Congress  who  is  elected  President  immedi- ately loses such  membership  by  reason  of  his  election.

Art. 42. The  President  shall  hold  office  for  4  years,  and  can  not be reelected  for  the  period  of  4  years  immediately  following.

§. The  President  will  cease  to  perform  the  duties  of  his  office  on the  same  day  as  his  mandate  expires,  the  newly  elected  President assuming his  office  at  once.

Art. 43. On  assuming  office  the  President  will  make  the  following declaration of  covenant  before  Congress  in  session,  presided  over  by the  oldest  president :

I solemnly  affirm,  on  my  honor,  to  maintain  and  carry  out  with  loyalty  and fidelity the  Constitution  of  the  Republic,  to  observe  the  law. to promote  the general welfare  of  the  nation  and  to  uphold  and  defend  its  integrity  and  inde- pendence.

Art. 44. The  President  shall  not  leave  national  territory  without permission from  Congress  under  pain  of  losing  his  office.

Art. 45. The  President  shall  receive  a  salary  to  be  determined  be- fore his election,  which  may  not  be  altered  during  the  period  of  his office.

§. None  of  the  State  properties,  not  even  that  in  which  the  secre- tariat of the  Presidency  of  the  Republic  is  lodged,  may  be  used  for the personal  accommodation  of  the  President  or  of  persons  of  his family.

Art. 46. The  President  may  be  dismissed  by  the  two  houses  in Congress  on  a  resolution,  suppoiled  and  approved  by  two  thirds of its  members,  which  resolution  shall  clearly  set  forth  the  dismissal, or on  conviction  for  a  crime  for  breach  of  duty.

THE  ATTRIBUTIONS    OF   THE  PRESIDENT   OF   THE   REPUBLIC.

Art. 47. It  is  the  province  of  the  President  of  the  Republic :

1. To  appoint  ministers  from  among  eligible  Portuguese  citizens and to  dismiss  them. .

2. To  convoke  Congress  in  extraordinary  session,  whenever  the welfare of  the  nation  may  require  it.

3. To  promulgate  and  cause  to  be  published  the  laws  and  regula- tions of Congress  and  to  issue  decrees,  instructions  and  regulations to secure  their  faithful  execution.

4. To  fill  up  civil  and  military  offices  upon  the  recommendation of ministers  and  to  relieve,  suspend  and  dismiss  officials,  in  accord- ance with law,  the  right  of  appeal  to  the  proper  courts  being  always reserved to  them.

510 CONSTITUTIONS   OF   THE   STATES  AT  WAR.

5. To  represent  the  nation  as  regards  foreign  States  and  to  di- rect the external  affairs  of  the  Republic  without  prejudice  to  the  at- tributions of Congress.

6. To  proclaim,  with  the  approval  of  the  ministers  and  for  a. period not  exceeding  30  days,  a  state  of  siege  in  any  part  of  the  na- tional territory in  cases  of  foreign  attack  or  serious  internal  dis- turbance, according to  the  terms  of  §§  1,  2  and  3  of  No.  16  of  Article 26 of  this  Constitution.

7. To  negotiate  treaties  of  commerce,  of  peace  and  of  arbitra- tion and to  conclude  other  international  conventions,  submitting  the same to  Congress  for  ratification.

§. Treaties  of  alliance  shall  be  submitted  to  the  examination  of Congress  at  a  secret  session,  whenever  two  thirds  of  its  members petition in  that  sense.

8. To  remit  and  commute  punishments.

9. To  attend  to  all  matters  that  may  concern  the  internal  and external safety  of  the  State,  in  accordance  with  the  Constitution.

Art. 48. The  attributions  referred  to  in  the  preceding  article shall be  exercised  through  the  intermediary  of  the  ministers  and according to  the  terms  of  Article  49.

THE  MINISTERS.

Art. 49. All  the  acts  of  the  President  of  the  Republic  shall  be countersigned,  at  least  by  the  minister  concerned. Should this  not  be the  case,  they  shall  be  null  and  void,  they  can  not  be  executed  and  no one  shall  be  obliged  to  obey  them. M

Art. 50. Ministers  can  not  hold  positions  in  any  other  employ-" ment  or  public  charge,  nor  be  elected  to  the  office  of  President  of the  Republic,  unless  they  have  ceased  to  hold  office  six  months  before the  date  of  the  election.

§ 1.  Members  of  Congress  Avho  accept  the  post  of  minister  shall not lose  their  mandate.

§ 2.  The  prohibitions  and  other  provisions  enumerated  in  Ar- ticle 21 and  its  §. are applicable  to  ministers.

Art. 51. Each  minister  is  responsible  politically,  civilly  and  crim- inally for his  legislative  and  executive  acts.

Ministers shall  be  tried  for  crimes  of  breach  of  duty  which  theyj may commit  or  sanction  by  the  ordinary  courts.

Art. 52. Ministers  must  appear  in  the  session  of  Congress  andj shall always  have  the  right  to  be  heard  in  defense  of  their  acts.

Art. 53. One  of  the  ministers,  who  shall  also  be  appointed  by  the President of  the  Republic,  shall  be  President  of  the  Ministry  and shall answer  not  only  for  the  affairs  of  his  office,  but  also  for  general policy.

PORTUGAL. 511

Art. 54. During  the  first  fifteen  days  of  JanuaiT  the  Minister  of F'inance  shall  lay* the  general  budget  of  the  State  before  the  Chamber of Deputies.

CRIMES FOR  BREACH  OF  DUTY.

Art. 55. Crimes  for  breach  of  duty  are  those  acts  on  the  part  of the  executive  power  and  its  agents  which  are  directed  against : 1. The  political  existence  of  the  nation, li. The Constitution  and  the  republican  democratic  regime. 3. The  free  working  of  the  powders  of  the  State. -1:. The  enjoyment  and  exercise  of  political  or  individual  rights.

5. The  internal  security  of  the  country.

6. The  integrity  of  the  administration.

7. The  custody  and  constitutional  employment  of  public  moneys.

8. The  budgetary  laws  voted  by  Congress.

§ 1.  Conviction  for  the  commission  of  any  of  these  crimes  in- volves loss of  office  and  renders  the  offender  incapable  of  exercising any public  function.

§ 2.  The  President  of  the  Republic  is  not  responsible  for  the  ad- ministrative acts of  his  ministers  or  their  agents,  but  only  for  the crimes mentioned  in  Xos. 1, 2,  3,  4  and  5  of  this  article.

SECTION ?.. THE JUDICIAL  POWDER.

Art. 50. The  organs  of  the  judicial  power  of  the  Republic  shall consist in  a  Supreme  Court  of  Justice  and  courts  of  first  and  second instance.

§. The  Supreme  Court  of  Justice  shall  have  its  seat  in  Lisbon. The courts  of  first  and  second  instance  shall  be  distributed  through- out the country  according  as  the  necessities  of  the  administration  of justice  demand.

Art. 57. Judges  belonging  to  the  section  of  the  judicial  magistra- ture hold  office  for  life  and  are  irremovable,  and  their  nomination, dismissal, suspension,  promotion,  transfer  and  appointment  outside their section  shall  be  made  in  accordance  with  the  forms  of  the  or- ganic law concerning  the  judicial  power.

Art. 58. The  institution  of  the  jury  is  maintained.

Art. 59. Trial  by  jury  shall  be  optional  in  civil  and  commercial cases and  obligatory  in  criminal  cases,  when  a  penalty  more  severe than correctional  is  provided  for  the  crime  committed  or  when  the offense is  of  political  origin  or  character.

Art. 60. Judges  shall  not  be  held  responsible  for  the  sentences  ' pronounced by  them,  except  in  the  cases  mentioned  in  the  law.

Art. 61. Xo  judge  may  accept  an  office  of  profit  from  the  govern- ment. The government  may,  when  the  interests  of  the  public  service

512 CONSTITUTION'S  OF   THE   STATES  AT  WAR.

I

demand it,  appoint  the  judges  it  considers  necessary  on  any  perma nent or  temporary  commission,  and  these  appointments  shall  be  made— in accordance  with  the  terms  laid  down  in  the  organic  law  on  this* •subject.

Art. 62. Sentences  and  orders  of  the  judicial  power  shall  be  exe- cuted by exclusively  judicial  officials,  to  whom  the  proper  authorities shall be  obliged  to  lend  assistance  when  called  upon  to  do  so.

Art. 63. When  either  of  the  parties  in  a  case  submitted  to  the  deci- sion of the  judicial  power  calls  in  question  the  validity  of  a  law  or  of acts  which  have  been  cited  and  which  were  issued  by  the  executive power or  of  bodies  invested  wath  public  authority,  the  judicial  power shall pronounce  on  its  constitutional  legality  or  on  how  far  it  is  in accordance  with  the  Constitution  and  the  principles  laid  down therein.

Art. 64. The  President  of  the  Eepublic  shall  be  tried  and  sentenced by the  ordinary  tribunal  for  any  crimes  which  he  may  commit.

§. When  the  proceedings  have  been  carried  to  the  point  of  com- mittal for trial,  the  judge  shall  communicate  the  fact  to  Congress, which shall,  in  a  joint  session  of  both  houses,  decide  whether  the President of  the  Eepublic  shall  be  immediately  tried  or  wiiether  his™ trial shall  take  place  at  the  conclusion  of  his  tenure  of  office. f

Art. 65. If  a  minister  is  to  be  tried  on  a  criminal  charge,  the  judge shall, when  proceedings  have  reached  the  point  of  committal  for  trial, communicate the  fact  to  the  Chamber  of  Deputies,  which  shall  de- cide whether the  minister  shall  be  suspended  and  w^hether  his  trial  is to  take  place  in  the  interval  between  the  sessions  or  only  after  the accused has  ceased  to  hold  office.

Title IY. — Local Administrative  Institutions.

Art. 66. The  organization  and  attributions  of  administrative bodies shall  be  regulated  by  a  special  law,  and  shall  be  based  on  the following principles :

1. The  activities  of  administrative  bodies  shall  be  entirely  inde* pendent of  the  executive.

2. Deliberations  of  administrative  bodies  can  be  modified  or  an- nulled by the  courts,  when  they  conflict  with  laws  or  regulations  of general  order.

3. District  and  municipal  powers  shall  be  divided  into  delibera- tive and executive,  according  to  the  terms  prescribed  by  the  law.

4. The  US3  of  the  referendum,  according  to  the  provisions  laid down by  law.

5. Minority  representation  in  administrative  bodies.

6. Financial  autonomy  of  administrative  bodies  in  the  form  pre scribed bv  law.

I I

PORTUGAL. 513

Title V. — The  AD:^^1NISTRATIN  of  the  Colonial  Provinces.

Art. T, The  prevailing  principle  in  the  administration  of  co- lonial provinces shall  be  that  of  decentralization,  with  special  laws
 * suited to  the  state  of  the  civilization  of  each  one  of  those  provinces.

Title VI. — General Provisions.

Art. 68. All  Portuguese,  each  according  to  his  capacity,  are  bound to military  service  in  order  to  sustain  the  independence  and  integrity of the  country  and  Constitution  and  to  defend  them  from  their enemies, internal  and  external.

Art. 69. The  public  forces  are  essentially  obedient  and  can  not formulate petitions  or  collective  representations  nor  meet  together, •except with  the  authority  of  or  by  order  of  the  competent  authori- ties. Armed bodies  can  not  deliberate.

Art. to. Special laws  shall  provide  for  the  organization  and  ad- ministration of the  military  and  naval  forces  in  the  whole  of  the territory of  the  Republic.

Art. 71. There  is  no  pardon  for  those  who  are  condemned  for crimes and  offenses  against  the  electoral  laws. That house,  on  ac- count of which  such  crimes  and  offenses  have  been  committed,  can nevertheless take  the  initiative  in  granting  an  amnesty,  w^hen  two thirds of  its  members  vote  therefor;  but  only  after  one  half  of  the sentence, if  it  is  one  of  imprisonment,  has  been  served. Such am- nesty can not  include  the  costs  of  trial,  fines  and  legal  expenses.

Art. 72. The  crimes  for  breach  of  duty  referred  to  in  Article  55 shall be  defined  by  a  special  law.

Art. 73. The  Portuguese  Republic,  without  prejudice  to  its  en- gagements under its  treaties  of  alliance,  advocates  the  principle  of arbitration  as  the  best  method  for  solving  international  questions.

Art. 74. For  the  effects  of  the  exercise  of  political  rights,  all  those persons are  Portuguese  citizens  who  are  considered  as  such  by  the •civil law.

§. The  loss  and  recognition  of  Portuguese  citizenship  are  also regulated by  the  civil  law.

Art. 75. The  right  to  the  military  medal  is  guaranteed  in  the terms of  the  respective  laws  and  regulations  to  all  those  who,  at  the date of  the  promulgation  of  this  Constitution,  are  serving  in  the urmy and  navy.

§. The  pensions  hitherto  enjoyed  by  persons  decorated  with  the Order of  the  Torre  and  Espada  are  maintained.

Art. 76. The  medal  for  merit,  philanthropy  and  generosity,  as "Well  as  for  good  service  overseas,  is  maintained.

514 CONSTITUTIONS   OF   THE   STATES   AT   WAR.

Art. 77. Congress  shall  annually  allocate  certain  of  its  sessions  to the  exclusive  deliberation  of  local  interests  and  representations  made to the  legislative  power  by  administrative  bodies  in  those  matters  in which  the  State  should  intervene.

Art. 78. A  special  law  shall  determine  the  cases  and  the  condi- tions in which  the  State  shall  grant  pensions  to  the  families  of soldiers  who  have  died  in  the  service  of  the  Eepublic  or  to  soldiers incapacitated by  reason  of  the  same  service.

Art. 79. Certificates  granted  for  civil  deeds  and  military  acts  can be accompanied  by  medals.

Art. 80. The  laws  and  decrees,  with  the  force  of  law  hitherto  ex- isting, continue in  force  until  revoked  or  revised  by  the  legislative power and  remain  valid  in  so  far  as  they  are  not  explicitly  contrary to the  system  of  government  adopted  by  the  Constitution  and  to  the principles consigned  therein.

Art. 81. As  soon  as  this  Constitution  is  approved,  it  shall  be  de- creed and promulgated  by  the  bureau  of  the  National  Constituent Assembly and  signed  by  its  members.

Title VII. — The Revision  of  the  Constitution.

Art. 82. The  Constitution  of  the  Portuguese  Eepublic  shall  be revised  every  10  years  beginning  with  the  promulgation  of  the present one,  and  for  this  purpose  constituent  powers  shall  be  held by the  Congress  whose  mandate  embraces  the  period  of  revision.

§ 1.  Revision  can  be  anticipated  by  5  years,  if  approved  by  two thirds of  the  Congress  of  the  two  houses  in  joint  session.

§ 2.  Bills  for  the  revision  of  the  Constitution  which  do  not  defin precisely the  alterations  projected  can  not  be  admitted  to  discussion, nor can  those  the  purport  of  Avhich  is  to  abolish  the  republican  for of government.

Transitory Provisions.

I

1

Art. 83. The  first  President  of  the  Portuguese  Republic  shall  b elected  in  special  session  fixed  for  the  third  day  after  that  on  which the Constitution  has  been  approved  by  the  National  Constituent Assembly, and  after  his  salary  has  been  determined.

The election  shall  be  by  secret  ballot  and  by  an  absolute  majority of the  members  of  the  National  Constituent  Assembly,  with  powers cei'tified up  till  the  eve.

If-, after  the  second  ballot  has  taken  place,  it  is  ascertained  that there has  not  been  an  absolute  majority,  the  third  ballot  shall  be  by a  majority  as  between  the  two  candidates  who  obtain  most  votes  i the  second.

The first  presidential  mandate  shall  terminate  on  5  October  191

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PORTUGAL. 515

§. For  this  election  the  disability  referred  to  in  Article  50  shall not obtain.

Art. 84. The  election  of  the  Senate  shall  take  place  in  the  session immediately following  that  in  which  the  election  of  the  President was held.

§ 1.  The  first  senators  shall  be  elected  from  among  the  deputies of the  National  Constituent  Assembly  over  30  years  of  age. They shall number  71,  and  the  remaining  members  of  the  National  Con- stituent Assembly shall  form  the  first  Chamber  of  Deputies.

§ 2.  The  choice  of  the  senators  shall  be  made  in  four  elections,  the first three  by  lists  of  21  names  and  the  last  by  a  list  of  8. In the  first three lists  there  shall  be  representatives  of  all  the  districts,  provided the deputies  of  these  districts  fulfill  the  conditions  of  this  article.

§ 3.  The  mandate  of  the  members  of  the  two  houses  thus  formed terminates, Avhen,  after  the  end  of  the  legislative  session  of  1914, there has  been  constituted  a  new  Congress  in  the  terms  laid  down  by the  Constitution.

Art. 85. The  first  Congress  of  the  Republic  shall  elaborate  the following laws :

a. Law  respecting  crimes  for  breaches  of  duty. h. The  administrative  code.

c. The  organic  laws  of  overseas  provinces.

d. The  law  on  judicial  organization.

e. The  law  upon  the  simultaneous  enjoyment  of  more  than  one public office.

/. The  law  regulating  political  incompatibilities. g. The  electoral  law.

§. At  the  sanie  time  and  at  alternate  sessions,  the  general  esti- mates of the  State  and  other  necessary  measures  shall  be  discussed.

Art. 86. The  vacancies  which  occur  in  the  first  Chamber  of Deputies  shall  only  be  filled  if  its  number  be  reduced  to  less  than 135 members.

Art. 87. When  Congress  is  closed,  the  government  can  take  the measures it  judges  necessary  and  urgent  for  the  overseas  provinces.

§. As  soon  as  Congress  opens,  the  government  shall  give  an  ac- count of the  measures  taken.^