Constitution of Portugal
Encyclopedia
The first Portuguese Constitution
was drafted in 1822. Several revolutions led to the constitutions of 1826 , 1838 (Liberal Wars
), 1911 (1910 Republican revolution), 1933 (28th May 1926 coup d'état
), and 1976 (Carnation revolution
).
in 1933, establishing the basis of the authoritarian Estado Novo regime, following the 28th May 1926 coup d'état
. It is credited as the first constitution of any recognized country embracing corporatist principles (though outdated significantly by the Charter of Carnaro
), espousing a bicameral parliament, including a western-styled National Assembly
, elected directly every four years, and the Corporative Chamber
, representing different "corporations", schools, universities, colonies and local municipalities, in effect appointed by the National Assembly after its inaugural. The role of the Corporative Chamber was limited to that of an advisory body, while all legislation was handled by the Assembly under the direction of its only party or "movement", the National Union
, an ideology-lacking beacon completely subordinate to the Salazar administration. The Constitution also stipulated for a strong President of Portugal
, naming the Prime Minister by own will, to be elected every five years through direct elections with no term limits. Antonio Oscar Carmona served as President, although outmaneuvered politically by Salazar, until his death in 1951. The two following presidents, Craveiro Lopes and Antonio Tomas, were more or less puppets of an aging Salazar, although the latter did not hesitate to use his wide-ranging powers to prevent Salazar's successor, Marcelo Caetano
from performing changes aimed at reforming Portugal's authoritarian government. The direct consequence was the coup d'état of 1974
.
After great struggle, the Constituent Assembly eventually adopted a constitution that provided for a democratic, parliamentary system with political parties, elections, a parliament, and a prime minister. The document also established an independent judiciary and listed a number of human rights. Although relatively few of these provisions are exceptional, some of the constitution's features are noteworthy; including its ideological content, its provision for the role of the military, and its dual presidential-parliamentary system.
Until the constitutional revisions of 1982 and 1989, the constitution was a highly charged ideological document with numerous references to socialism
, the rights of workers, and the desirability of a socialist economy. It severely restricted private investment
and business activity. Many of these articles were advanced by Portuguese Communist Party
(PCP) representatives in the Constituent Assembly, but they were also advocated by members of the Socialist Party
(PS), who at that time, for electoral reasons, were seeking to be as revolutionary as the far left. The resulting document proclaimed that the object of the republic was "to ensure the transition to socialism." The constitution also urged the state to "socialize the means of production and abolish the exploitation of man by man," phrases that echoed Karl Marx
's Communist Manifesto. Workers' Committees were given the right to supervise the management of enterprises and to have their representatives elected to the boards of state-owned firms. The government, among many admonitions in the same vein, was to "direct its work toward the socialization of medicine and the medicopharmaceutical sectors."
Next, the military was given great political power through the role given by the constitution to the MFA-controlled Revolution Council that, in effect, made the MFA a separate and almost 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 accord 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 that it provided for a system of government that was both presidential and parliamentarian. The Constituent Assembly favored two centers of power in order to avoid both the dangers of an excessively strong executive, as was the case during the Salazar period, and the weaknesses of parliamentary instability, as was the case in the First Republic.
The constitution was controversial from the start. It was widely seen in political circles as a compromise document in that all participants in its drafting had been able to incorporate in it provisions they found vital. The constitution's parliamentary sections had the support of PS, the Social Democratic Party
(PSD), and the Democratic and Social Centre (CDS); its socialistic content had the support of the PCP and its allies and the PS.
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 even before that threshold). Objections to the document centered on its ideological content, its economic restrictions, and its recognition of a military role in the governance of the country. The CDS, the party furthest to the right among those which had participated in the document's drafting, refused to ratify it. However, the party agreed to abide by it in the interim.
The 1982 amendments were enacted through the ample votes of the AD and the PS. This combination of center-right and center-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 Council of State, is composed by the President himself, plus former presidents, plus other prominent elected and non-elected figures of the Portuguese state, and it does not have the power to prevent government and parliamentary actions by declaring them unconstitutional. Another amendment created a Constitutional Court
to review the constitutionality of legislation. Ten of its thirteen judges were chosen by the Assembly of the Republic. Another important change reduced the president's power by restricting presidential ability to dismiss the government, dissolve parliament, or veto legislation.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
was drafted in 1822. Several revolutions led to the constitutions of 1826 , 1838 (Liberal Wars
Liberal Wars
The Liberal Wars, also known as the Portuguese Civil War, the War of the Two Brothers, or Miguelite War, was a war between progressive constitutionalists and authoritarian absolutists in Portugal over royal succession that lasted from 1828 to 1834...
), 1911 (1910 Republican revolution), 1933 (28th May 1926 coup d'état
28th May 1926 coup d'état
The 28 May 1926 coup d'état, sometimes called 28 May Revolution or, during the period of Estado Novo , National Revolution , was a military action that put an end to the unstable Portuguese First Republic and initiated the Ditadura Nacional , later, renamed the Estado Novo, an authoritarian...
), and 1976 (Carnation revolution
Carnation Revolution
The Carnation Revolution , also referred to as the 25 de Abril , was a military coup started on 25 April 1974, in Lisbon, Portugal, coupled with an unanticipated and extensive campaign of civil resistance...
).
Constitution of 1933
The Portuguese Constitution of 1933 was introduced by Prime Minister António de Oliveira SalazarAntónio de Oliveira Salazar
António de Oliveira Salazar, GColIH, GCTE, GCSE served as the Prime Minister of Portugal from 1932 to 1968. He also served as acting President of the Republic briefly in 1951. He founded and led the Estado Novo , the authoritarian, right-wing government that presided over and controlled Portugal...
in 1933, establishing the basis of the authoritarian Estado Novo regime, following the 28th May 1926 coup d'état
28th May 1926 coup d'état
The 28 May 1926 coup d'état, sometimes called 28 May Revolution or, during the period of Estado Novo , National Revolution , was a military action that put an end to the unstable Portuguese First Republic and initiated the Ditadura Nacional , later, renamed the Estado Novo, an authoritarian...
. It is credited as the first constitution of any recognized country embracing corporatist principles (though outdated significantly by the Charter of Carnaro
Charter of Carnaro
The Charter of Carnaro was the constitution of the Italian Regency of Carnaro, a short-lived government in Fiume , proclaimed by Gabriele D'Annunzio on 8 September 1920...
), espousing a bicameral parliament, including a western-styled National Assembly
National Assembly
National Assembly is either a legislature, or the lower house of a bicameral legislature in some countries. The best known National Assembly, and the first legislature to be known by this title, was that established during the French Revolution in 1789, known as the Assemblée nationale...
, elected directly every four years, and the Corporative Chamber
Corporative Chamber
The Corporative Chamber was one of the two parliamentary chambers established under the Portuguese Constitution of 1933, the other being the National Assembly...
, representing different "corporations", schools, universities, colonies and local municipalities, in effect appointed by the National Assembly after its inaugural. The role of the Corporative Chamber was limited to that of an advisory body, while all legislation was handled by the Assembly under the direction of its only party or "movement", the National Union
National Union (Portugal)
The National Union was the only legal political party in Portugal for most of the period of the Estado Novo, a right-wing dictatorship dominated by António de Oliveira Salazar....
, an ideology-lacking beacon completely subordinate to the Salazar administration. The Constitution also stipulated for a strong President of Portugal
President of Portugal
Portugal has been a republic since 1910, and since that time the head of state has been the president, whose official title is President of the Portuguese Republic ....
, naming the Prime Minister by own will, to be elected every five years through direct elections with no term limits. Antonio Oscar Carmona served as President, although outmaneuvered politically by Salazar, until his death in 1951. The two following presidents, Craveiro Lopes and Antonio Tomas, were more or less puppets of an aging Salazar, although the latter did not hesitate to use his wide-ranging powers to prevent Salazar's successor, Marcelo Caetano
Marcelo Caetano
Marcelo José das Neves Alves Caetano, GCTE, GCC, also spelled Marcello Caetano , was a Portuguese politician and scholar, who was the last prime minister of the Estado Novo regime, from 1968 until his overthrow in the Carnation Revolution of 1974....
from performing changes aimed at reforming Portugal's authoritarian government. The direct consequence was the coup d'état of 1974
Carnation Revolution
The Carnation Revolution , also referred to as the 25 de Abril , was a military coup started on 25 April 1974, in Lisbon, Portugal, coupled with an unanticipated and extensive campaign of civil resistance...
.
Constitution of 1976
The constitution of 1976 was preliminary drafted and largely completed in 1975, then finished and officially promulgated in early 1976. At the time the constitution was being drafted, a democratic outcome was still uncertain in the midst of the revolution. Even after a rightist coup had been put down in November 1975, it was not known if the armed forces would respect the assembly and allow work on the constitution to go forward. The Movimento das Forças Armadas (MFA, English: Armed Forces Movement)) and leftist groups pressured and cajoled the assembly, and there was much discussion of establishing a revolutionary and socialist system of government. Moreover, not all of the assembly's members were committed to parliamentary democracy. The membership was intensely partisan, with some 60 percent of the seats occupied by the left.After great struggle, the Constituent Assembly eventually adopted a constitution that provided for a democratic, parliamentary system with political parties, elections, a parliament, and a prime minister. The document also established an independent judiciary and listed a number of human rights. Although relatively few of these provisions are exceptional, some of the constitution's features are noteworthy; including its ideological content, its provision for the role of the military, and its dual presidential-parliamentary system.
Until the constitutional revisions of 1982 and 1989, the constitution was a highly charged ideological document with numerous references to socialism
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
, the rights of workers, and the desirability of a socialist economy. It severely restricted private investment
Investment
Investment has different meanings in finance and economics. Finance investment is putting money into something with the expectation of gain, that upon thorough analysis, has a high degree of security for the principal amount, as well as security of return, within an expected period of time...
and business activity. Many of these articles were advanced by Portuguese Communist Party
Portuguese Communist Party
The Portuguese Communist Party is a major left-wing political party in Portugal. It is a Marxist-Leninist party, and its organization is based upon democratic centralism. The party also considers itself to be patriotic and internationalist....
(PCP) representatives in the Constituent Assembly, but they were also advocated by members of the Socialist Party
Socialist Party (Portugal)
The Socialist Party , abbreviated to PS, is a social-democratic political party in Portugal. It was founded on 19 April 1973 in the German city of Bad Münstereifel, by militants from Portuguese Socialist Action ....
(PS), who at that time, for electoral reasons, were seeking to be as revolutionary as the far left. The resulting document proclaimed that the object of the republic was "to ensure the transition to socialism." The constitution also urged the state to "socialize the means of production and abolish the exploitation of man by man," phrases that echoed Karl Marx
Karl Marx
Karl Heinrich Marx was a German philosopher, economist, sociologist, historian, journalist, and revolutionary socialist. His ideas played a significant role in the development of social science and the socialist political movement...
's Communist Manifesto. Workers' Committees were given the right to supervise the management of enterprises and to have their representatives elected to the boards of state-owned firms. The government, among many admonitions in the same vein, was to "direct its work toward the socialization of medicine and the medicopharmaceutical sectors."
Next, the military was given great political power through the role given by the constitution to the MFA-controlled Revolution Council that, in effect, made the MFA a separate and almost co-equal branch of government. The council was to be an advisory body to the president
President of Portugal
Portugal has been a republic since 1910, and since that time the head of state has been the president, whose official title is President of the Portuguese Republic ....
(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 accord 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 that it provided for a system of government that was both presidential and parliamentarian. The Constituent Assembly favored two centers of power in order to avoid both the dangers of an excessively strong executive, as was the case during the Salazar period, and the weaknesses of parliamentary instability, as was the case in the First Republic.
The constitution was controversial from the start. It was widely seen in political circles as a compromise document in that all participants in its drafting had been able to incorporate in it provisions they found vital. The constitution's parliamentary sections had the support of PS, the Social Democratic Party
Social Democratic Party (Portugal)
The Social Democratic Party , is a centre-right liberal conservative political party in Portugal. It is commonly known by its initials, PSD; on ballot papers, its initials appear as PPD/PSD, with the first three letters coming from the party's original name, Democratic People's Party...
(PSD), and the Democratic and Social Centre (CDS); its socialistic content had the support of the PCP and its allies and the PS.
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 even before that threshold). Objections to the document centered on its ideological content, its economic restrictions, and its recognition of a military role in the governance of the country. The CDS, the party furthest to the right among those which had participated in the document's drafting, refused to ratify it. However, the party agreed to abide by it in the interim.
1st review (1982)
By the early 1980s, the political climate was ripe for constitutional reform. The center-right coalition Aliança Democrática, formed by the PSD, the CDS, and the 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 center-right and center-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 Council of State, is composed by the President himself, plus former presidents, plus other prominent elected and non-elected figures of the Portuguese state, and it does not have the power to prevent government and parliamentary actions by declaring them unconstitutional. Another amendment created a Constitutional Court
Portuguese Constitutional Court
The Portuguese Constitutional Court is a special court, defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition,...
to review the constitutionality of legislation. Ten of its thirteen judges were chosen by the Assembly of the Republic. Another important change reduced the president's power by restricting presidential ability to dismiss the government, dissolve parliament, or veto legislation.