History of the Constitution of Greece - Revision history

Irlandos: /* The Constitutions of the Revolution (the First Hellenic Republic) */

2011-11-10T19:29:03Z

The Constitutions of the Revolution (the First Hellenic Republic)

Irlandos: /* The Period of Constitutional Monarchy */

2007-04-19T13:11:18Z

The Period of Constitutional Monarchy

Irlandos: /* Political Life and the Military Dictatorship */

2007-04-05T12:58:24Z

Political Life and the Military Dictatorship

Lazarus: /* The Revisions of 1986 and 2001 */

2006-06-03T19:39:06Z

The Revisions of 1986 and 2001

Lazarus: /* The Reinstatement of the Monarchy */

2006-06-03T19:37:38Z

The Reinstatement of the Monarchy

Lazarus: /* The Constitution of 1927 */

2006-06-03T19:35:00Z

The Constitution of 1927

Lazarus: /* Political Life and the Military Dictatorship */

2006-06-03T19:29:03Z

Political Life and the Military Dictatorship

Lazarus: /* The Introduction of the Parliamentary Principle */

2006-06-03T19:22:58Z

The Introduction of the Parliamentary Principle

Lazarus at 19:21, June 3, 2006

2006-06-03T19:21:35Z

Lazarus at 19:20, June 3, 2006

2006-06-03T19:20:39Z

@@ Line 4: / Line 4: @@
 The beginning of the struggle for independence brought about the first local regimes (the Senate Organization of Western Greece, the Legal Order of Eastern Greece and the Peloponnesian Senate Organization). These texts were voted by local Assemblies and had as a goal the temporary governmental and military organization of the Nation, until the future establishment of the "Parliament of the Nation".
-The first Constitution of Greece came into being during the First National Assembly of Epidaurus, which voted, on [[January 1|January 1st]], [[1822]], the "Temporary Constitution of Greece".
+The first Constitution of Greece came into being during the [[First National Assembly]] of Epidaurus, which voted, on [[January 1|January 1st]], [[1822]], the "Temporary Constitution of Greece".
 The Assembly included representatives from the Peloponnese, Eastern and Western Greece, and certain islands. The Constitution of 1822 consisted of 110 short paragraphs, broken down into "titles" and "sections", according to the French model. It was entitled "Temporary Constitution of Greece" because the authors were afraid of the reaction of the [[Holy Alliance]]. It included a few clauses guaranteeing the protection of human rights, while as far as the organization of the government was concerned, it allowed for the representative principle as well as for the principle of separation of powers. Hence, the "Administration" consisted of the "Parliamentary" and the "Executive" branches, both collective bodies serving yearly terms, which counterbalanced one another in the legislative process. The "Judiciary" was independent of the two other powers, albeit elected by them, whereas justice was dispensed by the "Criteria", i.e. the courts.
-The Temporary Constitution of Epidaurus was revised a year later, on [[April 13|April 13th]], [[1823]], by the Second National Assembly, which convened in Astros of Kynouria. The new Constitution, "The Epidaurus Law", as it was named, to stress its continuity with the one of 1822, was legally more articulate as compared to its predecessor, and it allowed a slight superiority to the Legislative power as opposed to the Executive, given the fact that the latter's veto power was circumcised from an absolute to a suspending one. The new Constitution also marked an improvements as far as the protection of human rights was concerned: property was protected, as was the honor and the security not only of Greeks but of all persons in the territory; it established the freedom of the press and abolished slavery. It also abolished local governments. However, the great disadvantage of the yearly term of the "Administrative" branches remained unaltered, a result of the ever-growing distrust between politicians and the military. The Assembly of Astros passed a new electoral law, according to which the right to vote was bestowed to "men" rather than to "seniors", while the voting age went down from 30 to 25 years.
+The Temporary Constitution of Epidaurus was revised a year later, on [[April 13|April 13th]], [[1823]], by the [[Second National Assembly]], which convened in [[Astros]] of Kynouria. The new Constitution, "The Epidaurus Law", as it was named, to stress its continuity with the one of 1822, was legally more articulate as compared to its predecessor, and it allowed a slight superiority to the Legislative power as opposed to the Executive, given the fact that the latter's veto power was circumcised from an absolute to a suspending one. The new Constitution also marked an improvements as far as the protection of human rights was concerned: property was protected, as was the honor and the security not only of Greeks but of all persons in the territory; it established the freedom of the press and abolished slavery. It also abolished local governments. However, the great disadvantage of the yearly term of the "Administrative" branches remained unaltered, a result of the ever-growing distrust between politicians and the military. The Assembly of Astros passed a new electoral law, according to which the right to vote was bestowed to "men" rather than to "seniors", while the voting age went down from 30 to 25 years.
 The polyarchical nature of the two Constitutions initially favored the conflicts between the Parliamentary and the Administrative branches, which soon thereafter developed into a rift and, eventually, into a civil war. This gave the opportunity to foreign "protecting" powers to intervene systematically into Greek political life.
-The Third National Assembly initially convened in Piada in 1825 and subsequently in Troizena in [[1827]], and after unanimously electing John Capodistrias as "Governor of Greece" for a seven-year term, it voted the "Political Constitution of Greece". The Assembly wanted to give the country a stable government, modeled on democratic and liberal ideas, and for this reason it declared for the first time the principle of popular sovereignty: "Sovereignty lies with the people; every power derives from the people and exists for the people". This key democratic principle was repeated in all the Greek Constitutions after 1864.
+The [[Third National Assembly]] initially convened in Piada in 1825 and subsequently in [[Troizena]] in [[1827]], and after unanimously electing John Capodistrias as "Governor of Greece" for a seven-year term, it voted the "Political Constitution of Greece". The Assembly wanted to give the country a stable government, modeled on democratic and liberal ideas, and for this reason it declared for the first time the principle of popular sovereignty: "Sovereignty lies with the people; every power derives from the people and exists for the people". This key democratic principle was repeated in all the Greek Constitutions after 1864.
 This Constitution consisted of 150 articles. It established a strict separation of powers, vesting the executive power to the Governor and assigning to the body of the representatives of the people, named Boule, the legislative power. The Governor only a suspending veto on the bills, while he lacked the right to dissolve the Parliament. He was "inviolable", while the "Secretaries of the State", in other words the Ministers, assumed the responsibility for his public actions (thus introducing into the text of the 1827 Constitution the first elements of the so called "parliamentary principle").
@@ Line 18: / Line 18: @@
 It is noteworthy that, among the constitutions of its time, the Constitution of Troizena has the most complete and closely formulated provisions for the protection of human rights.
-The Constitution of Troizena attempted to combine the need for a powerful central authority with the existence of democratic structures, but it was suspended shortly after the arrival in Greece of John Capodistrias, in January of 1828.
+The Constitution of Troizena attempted to combine the need for a powerful central authority with the existence of democratic structures, but it was suspended shortly after the arrival in Greece of [[John Capodistrias]], in January of [[1828]].
 ===The Period of Absolute Monarchy===

@@ Line 28: / Line 28: @@
 ===The Period of Constitutional Monarchy===
-On [[December 3|December 3rd]], [[1843]], the military garrison of Athens, with the help of citizens, rebelled and demanded from Otto the concession to a Constitution.
+On [[September 3|September 3rd]], [[1843]], the military garrison of Athens, with the help of citizens, rebelled and demanded from Otto the concession to a Constitution.
-The Constitution that ensued in March of 1844 from the workings of the "Third of September National Assembly of the Hellenes in Athens" was a Constitutional Pact, in other words a contract between the monarch and the Nation. This Constitution re-established the Constitutional Monarchy and was based on the French Constitution of 1830 and the Belgian Constitution of 1831.
+The Constitution that ensued in March of [[1844]] from the workings of the "Third of September National Assembly of the Hellenes in Athens" was a Constitutional Pact, in other words a contract between the monarch and the Nation. This Constitution re-established the Constitutional Monarchy and was based on the French Constitution of 1830 and the Belgian Constitution of 1831.
 Its main provisions were the following: It established the principle of monarchical sovereignty, as the monarch was the decisive power of the State; the legislative power was to be exercised by the King - who also had the right to ratify the laws - by the Parliament, and by the Senate. The members of the Parliament could be no less than 80 and they were elected for a three-year term by universal suffrage. The senators were appointed for life by the King and their number was set at 27, although that number could increase should the need arise and per the monarch's will, but it could not exceed half the number of the members of Parliament.
@@ Line 36: / Line 36: @@
 The ministers' responsibility for the King's actions is established, who also appoints and removes them. Justice stems from the King and is dispensed in his name by the judges he himself appoints.
-Lastly, this Assembly voted the electoral law of March 18th, 1844, which was the first European law to provide, in essence, for universal suffrage (but, only, of course, for men).
+Lastly, this Assembly voted the electoral law of [[March 18]]th, [[1844]], which was the first European law to provide, in essence, for universal suffrage (but, only, of course, for men).
-Despite the fact that Otto accepted the establishment of a Constitutional regime, he was not inclined to enforce it and by breaking both the spirit and the letter of the Constitution he tried to gather as much power as he possibly could. On the night of October 10th, 1862, the rising wave of discontent led the people and the military to rebel and to decide Otto's deposition.
+Despite the fact that Otto accepted the establishment of a Constitutional regime, he was not inclined to enforce it and by breaking both the spirit and the letter of the Constitution he tried to gather as much power as he possibly could. On the night of [[October 10]]th, [[1862]], the rising wave of discontent led the people and the military to rebel and to decide Otto's deposition.
 ==The First Period of Crowned Democracy (1864-1922)==

@@ Line 114: / Line 114: @@
 ===Political Life and the Military Dictatorship===
-On ]]February 21|February 21st]], [[1963]], a proposal for the revision of the Constitution was tabled, the so-called "deep incision". This revision never took place because the Cabinet lead by [[Constantine Karamanlis]] resigned in June of that same year, and a few months later the Parliament was dissolved.
+On [[February 21|February 21st]], [[1963]], a proposal for the revision of the Constitution was tabled, the so-called "deep incision". This revision never took place because the Cabinet lead by [[Constantine Karamanlis]] resigned in June of that same year, and a few months later the Parliament was dissolved.
 The political crisis that manifested itself on [[July 15|July 15th]], [[1965]] was one of the deepest of the post-war era. Once again, issues concerning the functioning of the parliamentary regime were up for discussion and brought about a confrontation between the prime minister at the time, [[George Papandreou]] - chief of the [[Centre Union|Coalition of the Center]], which enjoyed the majority in Parliament, and [[King Constantine II|KIng Constantine]], and the Cabinets the latter was trying to impose.

@@ Line 130: / Line 130: @@
 ===The Revisions of 1986 and 2001===
-Despite the fact that the "increased" responsibilities of the President of the Republic were never exercised until 1986, by virtue of their mere existence they influenced the development of political affairs from 1980 to 1985, specifically during the first co-existence of C. Karamanlis as President of the Republic with the government of PASOK. The responsibilities of the President of the Republic were the target of the revisionary proceedings of 1985-1986.
+Despite the fact that the "increased" responsibilities of the President of the Republic were never exercised until [[1986]], by virtue of their mere existence they influenced the development of political affairs from 1980 to 1985, specifically during the first co-existence of [[Constantine Karamanlis|C. Karamanlis]] as President of the Republic with the government of [[PASOK]]. The responsibilities of the President of the Republic were the target of the revisionary proceedings of 1985-1986.
-On March 6, 1986, pursuant to article 110 of the Constitution, which stipulates that the provisions of the Constitution are subject to revision except for those which determine the form of government as a Parliamentary Republic as well as certain other provisions, eleven articles were amended and a vote was passed transposing the text of the Constitution into demotic Greek.
+On [[March 6]], [[1986]], pursuant to article 110 of the Constitution, which stipulates that the provisions of the Constitution are subject to revision except for those which determine the form of government as a Parliamentary Republic as well as certain other provisions, eleven articles were amended and a vote was passed transposing the text of the Constitution into demotic Greek.
 Through this revision the responsibilities of the President of the Republic were curtailed to a significant extent. Despite the political and the constitutional tensions of that period, the revised Constitution of 1975/1986, which introduced a pure parliamentary governmental system, was accepted by all political powers.
@@ Line 140: / Line 140: @@
 The revised Constitution introduced new individual rights (such as the protection of genetic identity or the protection of personal data from electronic processing), it introduced new rules of transparency in political life (regarding e.g. the financing of political parties, electoral expenditures, the relations of media owners with the State, etc.), it reorganised the operation of the Parliament and it reinforced decentralisation. However, this revision did not touch upon any major issues concerning the operation of the form of government, and this differentiates it characteristically from the revision of 1986.
-Today Greece possesses a Constitution which enjoys political and historical legitimacy, is modern, it is adapted to international developments and, despite possible reservations on particular issues, provides a satisfactory institutional framework for Greece in the 21st century.
+Today [[Greece]] possesses a Constitution which enjoys political and historical legitimacy, is modern, it is adapted to international developments and, despite possible reservations on particular issues, provides a satisfactory institutional framework for Greece in the 21st century.
 *Source: [http://www.parliament.gr/ The Hellenic Parliament]

@@ Line 93: / Line 93: @@
 ===The Reinstatement of the Monarchy===
-The Second Hellenic Republic lasted until 1935. That year, as a result of a failed coup by the supporters of Venizelos, the Constitution of 1927 was abolished, the Constitution of 1911 was re-instated, and in the midst of extreme political instability King George came back to the throne by referendum. In August 1936 the parliamentary prime minister I. Metaxas declared a dictatorship, which lasted until the occupation of Greece by German forces in 1941.
+The Second Hellenic Republic lasted until [[1935]]. That year, as a result of a failed coup by the supporters of [[Eleftherios Venizelos|Venizelos]], the Constitution of 1927 was abolished, the Constitution of 1911 was re-instated, and in the midst of extreme political instability [[King George I|King George]] came back to the throne by referendum. In August [[1936]] the parliamentary prime minister [[Ioannis Metaxas|I. Metaxas]] declared a dictatorship, which lasted until the occupation of Greece by German forces in [[1941]].
 ===The First Years of the Liberation===

@@ Line 80: / Line 80: @@
 ===The Constitution of 1927===
-On January 2nd, 1924, the Fourth National Assembly convened and decided on the abrogation of the dynasty as well as on the abolition of the crowned democracy (a decision which was ratified by referendum on April 13th, 1924).
+On [[January 2|January 2nd]], [[1924]], the Fourth National Assembly convened and decided on the abrogation of the dynasty as well as on the abolition of the crowned democracy (a decision which was ratified by referendum on [[April 13|April 13th]], [[1924]]).
-Whilst the Fourth Constitutional Assembly was working towards the completion of the new Constitution, the coup d'etat of General Th. Pangalos took place. After the fall of his dictatorship in 1926, the "Parliament of the First Term" was elected, which, finally, voted through the Constitution of 1927.
+Whilst the Fourth Constitutional Assembly was working towards the completion of the new Constitution, the coup d'etat of General [[Theodoros Pangalos|Th. Pangalos]] took place. After the fall of his dictatorship in 1926, the "Parliament of the First Term" was elected, which, finally, voted through the Constitution of 1927.
 This Constitution was particularly interesting both for its provisions on social rights and for the new political institutions it introduced in its organizational section. In the chapter covering the "public law of the Hellenes", the Constitution of 1927 improved the protection of some individual rights (e.g. the freedom of the press) and established for the first time in Greece certain social rights (protection of work, protection of the family, etc.). However, the most significant characteristic of the new Constitution was that it provided for an elected head of state, chosen by the Parliament and the Senate for a five-year term. The President of the Republic was politically unaccountable, he did not possess legislative authority and he could dissolve the Parliament with the approval of the Senate.

@@ Line 114: / Line 114: @@
 ===Political Life and the Military Dictatorship===
-On February 21st, 1963, a proposal for the revision of the Constitution was tabled, the so-called "deep incision". This revision never took place because the Cabinet lead by Constantine Karamanlis resigned in June of that same year, and a few months later the Parliament was dissolved.
+On ]]February 21|February 21st]], [[1963]], a proposal for the revision of the Constitution was tabled, the so-called "deep incision". This revision never took place because the Cabinet lead by [[Constantine Karamanlis]] resigned in June of that same year, and a few months later the Parliament was dissolved.
-The political crisis that manifested itself on July 15th, 1965 was one of the deepest of the post-war era. Once again, issues concerning the functioning of the parliamentary regime were up for discussion and brought about a confrontation between the prime minister at the time, George Papandreou - chief of the Coalition of the Center, which enjoyed the majority in Parliament, and King Constantine, and the Cabinets the latter was trying to impose.
+The political crisis that manifested itself on [[July 15|July 15th]], [[1965]] was one of the deepest of the post-war era. Once again, issues concerning the functioning of the parliamentary regime were up for discussion and brought about a confrontation between the prime minister at the time, [[George Papandreou]] - chief of the [[Centre Union|Coalition of the Center]], which enjoyed the majority in Parliament, and [[King Constantine II|KIng Constantine]], and the Cabinets the latter was trying to impose.
-The military dictatorship of April 21st, 1967, which lasted seven years, passed two Constitutional texts, in 1968 and 1973, the latter providing for a system of government without a King. These constitutional texts had certain undemocratic characteristics, they were of unusually conservative mentality, and were never entirely applied.
+The [[Junta|military dictatorship of April 21st, 1967]], which lasted seven years, passed two Constitutional texts, in [[1968]] and [[1973]], the latter providing for a system of government without a King. These constitutional texts had certain undemocratic characteristics, they were of unusually conservative mentality, and were never entirely applied.
 ==The Third Hellenic Republic (1974 - )==

@@ Line 57: / Line 57: @@
 ===The Introduction of the Parliamentary Principle===
-The Constitution repeated verbatim the clause of article 24 of the Constitution of 1844, according to which "The King appoints and removes his Ministers". This phrase insinuated that the ministers were practically subordinate to the monarch, and thereby answered not only to the Parliament but to him as well. Moreover, nowhere was it stated in the Constitution that the King was obliged to appoint the Cabinet in conformity with the will of the majority in Parliament. This was, however, the interpretation that the modernizing political forces of the land upheld, invoking the principle of popular sovereignty and the spirit of the Parliamentary regime. They finally succeeded in imposing it through the principle of "manifest confidence" of the Parliament, which was expressed in 1875 by Charilaos Trikoupis and which, that same year, in his Crown Speech, King George I expressly pledged to uphold: "I demand as a prerequisite, of all that I call beside me to assist me in governing the country, to possess the manifest confidence and trust of the majority of the Nation's representatives. Furthermore, I accept this approval to stem from the Parliament, as without it the harmonious functioning of the polity would be impossible".
+The Constitution repeated verbatim the clause of article 24 of the Constitution of 1844, according to which "The King appoints and removes his Ministers". This phrase insinuated that the ministers were practically subordinate to the monarch, and thereby answered not only to the Parliament but to him as well. Moreover, nowhere was it stated in the Constitution that the King was obliged to appoint the Cabinet in conformity with the will of the majority in Parliament. This was, however, the interpretation that the modernizing political forces of the land upheld, invoking the principle of popular sovereignty and the spirit of the Parliamentary regime. They finally succeeded in imposing it through the principle of "manifest confidence" of the Parliament, which was expressed in [[1875]] by [[Charilaos Trikoupis]] and which, that same year, in his Crown Speech, [[King George I]] expressly pledged to uphold: "I demand as a prerequisite, of all that I call beside me to assist me in governing the country, to possess the manifest confidence and trust of the majority of the Nation's representatives. Furthermore, I accept this approval to stem from the Parliament, as without it the harmonious functioning of the polity would be impossible".
-The establishment of the principle of "manifest confidence" towards the end of the first decade of the crowned democracy, contributed towards the disappearance of a constitutional practice which, in many ways, reiterated the negative experiences of the period of the reign of King Otto. Indeed, from 1864 through 1875 numerous elections of dubious validity had taken place, while, additionally and most importantly, there was an active involvement of the Throne in political affairs through the appointment of governments enjoying a minority in Parliament, or through the forced resignation of majority governments, when their political views clashed with those of the crown.
+The establishment of the principle of "manifest confidence" towards the end of the first decade of the crowned democracy, contributed towards the disappearance of a constitutional practice which, in many ways, reiterated the negative experiences of the period of the reign of [[King Otto]]. Indeed, from [[1864]] through [[1875]] numerous elections of dubious validity had taken place, while, additionally and most importantly, there was an active involvement of the Throne in political affairs through the appointment of governments enjoying a minority in Parliament, or through the forced resignation of majority governments, when their political views clashed with those of the crown.
 ===The Innovations of the Constitution Of 1911===

← Older revision		Revision as of 19:21, June 3, 2006
Line 141:		Line 141:

	Today Greece possesses a Constitution which enjoys political and historical legitimacy, is modern, it is adapted to international developments and, despite possible reservations on particular issues, provides a satisfactory institutional framework for Greece in the 21st century.		Today Greece possesses a Constitution which enjoys political and historical legitimacy, is modern, it is adapted to international developments and, despite possible reservations on particular issues, provides a satisfactory institutional framework for Greece in the 21st century.
		+
		+	*Source: [http://www.parliament.gr/ The Hellenic Parliament]


	[[Category:Constitution of Greece]]		[[Category:Constitution of Greece]]

← Older revision		Revision as of 19:20, June 3, 2006
Line 141:		Line 141:

	Today Greece possesses a Constitution which enjoys political and historical legitimacy, is modern, it is adapted to international developments and, despite possible reservations on particular issues, provides a satisfactory institutional framework for Greece in the 21st century.		Today Greece possesses a Constitution which enjoys political and historical legitimacy, is modern, it is adapted to international developments and, despite possible reservations on particular issues, provides a satisfactory institutional framework for Greece in the 21st century.
		+
		+
		+	[[Category:Constitution of Greece]]