The Governments of Europe

by Frederic Austin Ogg

709. Constitutional Guarantees: Amendment.—Aside from five articles of a temporary nature, the constitution of 1911 is arranged in eighty-two articles, grouped in seven "titles" or divisions. The two divisions of principal length are those which relate to the rights and liberties of the individual and the organs and exercise of sovereign power. The guarantees extended the individual comprise a bill of rights hardly paralleled in comprehensiveness among the constitutions of European nations. To Portuguese citizens and to aliens resident in the country are pledged full liberty of conscience, freedom of speech, freedom of the press, liberty of association, inviolability of domicile and of property, the privilege of the writ of habeas corpus, privacy of correspondence, and freedom of employment and of trade save only when restriction is required for the public good. Law is declared to be uniform for all and no public privilege may be enjoyed by reason of birth or title. No one may be required to pay a tax which has not been levied by the legislative chambers or by an administrative authority specifically qualified by law, and, save in case of enumerated offenses of serious import, no one may be imprisoned except upon accusation according to the forms of law. No one may be compelled to perform an act, or to refrain from the performance of an act, except by warrant of law.

The constitution is subject to amendment under regulations of a somewhat curious character. Revision of the fundamental law may be undertaken normally by Congress at the end of every decennial period, the Congress whose mandate coincides with the period of revision being endowed automatically with constituent powers and the process of revision differing in no respect from that of ordinary legislation. At the end of a five-year period from the date of promulgation, however, amendment may be undertaken, providing two-thirds of the members of the chambers sitting jointly vote favorably. Under all circumstances amendments must be specific rather than general, and in no case may an amendment be received or debated which has for its object the abolition of the republican form of government.

710. The President and the Ministry.—Sovereignty is lodged in the nation, and the organs of the sovereign will are the independent but supposedly harmonious executive, legislative, and judicial authorities. The powers of the executive are exercised by the President and the ministers. The President is chosen by the two houses of Congress assembled in joint session sixty days prior to the expiration of the presidential term. Voting is by secret ballot and a two-thirds majority is required for election, although in default of such a majority choice is made on the third ballot by simple plurality between the two candidates receiving the largest number of votes. If the office falls vacant unexpectedly the chambers choose in the same manner a president to complete the unexpired term. The term is four years, and after retiring from office an ex-president may not be re-elected for a full term prior to the lapse of four more years. Only native Portuguese citizens at least thirty-five years of age are eligible. Without the permission of Congress the President may not absent himself from the national territory, and he may be removed from office by the vote of two-thirds of the members of the chambers sitting jointly. The duties of the President are, among other things, to negotiate treaties and to represent the nation in its external relations generally, to appoint and dismiss the ministers and public officials, to summon the Congress in extraordinary session, to promulgate the laws of Congress, together with the instructions and regulations necessary for their enforcement, and to remit and commute penalties. If two-thirds of the members of the chambers so request, projected treaties of alliance must be laid before Congress, and the appointment and suspension of public officials may be effected only on proposal of the ministers. Every act of the President must be countersigned by at least one minister, and every minister is responsible politically and legally for all acts which he countersigns or executes. One member of the ministerial group, designated by the President, exercises the functions of premier. Ministers may be members of Congress, and in any case they are privileged to appear in the chambers to defend their acts. Among offenses for which ministers may be held to account in the ordinary tribunals the constitution specifies all acts which tend to subvert the independence of the nation, the inviolability of the constitution and of the republican form of government, the political and legal rights of the individual, the internal peace of the country, or the probity of administrative procedure. The penalty imposed for guilt in respect to any of these offenses is removal from office and disqualification to hold office thereafter.[883]

711. Congress.—The exercise of legislative power is vested exclusively in Congress. There are two houses, the Council of Municipalities, or senate, and the National Council, or chamber of deputies. The members of both are chosen by direct vote of the people. Senators are elected for six years, one-half of the body retiring triennially. Each district returns three members, but to assure the representation of minorities electors are permitted to vote for but two. Members of the Chamber of Deputies are chosen for three years. Senators must be at least thirty-five years of age and deputies twenty-five. Congress is required to meet in regular session each year on the second day of December. The period of a session is four months, and a prorogation or an adjournment may be ordered only by the chambers themselves. Extraordinary sessions may be convoked by one-fourth of the members or by the President. Each chamber is authorized to judge the qualifications of its members, to choose its president and other officers, and to fix its rules of procedure. The presiding official at joint sessions is the elder of the two presidents. Members are accorded the usual privileges of speech and immunities from judicial process, and they are guaranteed compensation at rates to be regulated by law.

The functions and powers of the chambers are enumerated in much detail. Most important among them is the enactment, interpretation, suspension, and abrogation of all laws of the republic. Still more comprehensive is the power to supervise the operation of the constitution and of the laws and "to promote the general welfare of the nation." More specifically, the chambers are authorized to levy taxes, vote expenditures, contract loans, provide for the national defense, create public offices, fix salaries, regulate tariffs, coin money, establish standards of weights and measures, emit bills of credit, organize the judiciary, control the administration of national property, approve regulations devised for the enforcement of the laws, and elect the President of the republic. To the Chamber of Deputies is accorded the right to initiate all measures relating to taxes, the organization of the forces on land and on sea, the revision of the constitution, the prorogation or adjournment of legislative sessions, the discussion of proposals made by the President, and the bringing of actions against members of the executive department. Initiative in respect to all other matters may be taken by any member of either branch of Congress or by the President of the republic. A measure which is adopted by a majority vote in each of the two houses is transmitted to the President to be promulgated as law. The President possesses not a shred of veto power. He is required to promulgate within fifteen days any measure duly enacted; if he fails to do so, the measure takes effect none the less. When the chambers fall into disagreement regarding proposed changes in a bill, or when one chamber rejects a bill outright, the subject is debated and a decision is reached in joint session.

712. The Judiciary and Local Government.—The organs of judicial administration comprise courts of first instance, courts of appeal, and a supreme tribunal sitting at the capital. Judges are appointed for life, but may be removed from office in accordance with procedure to be established by law. The employment of the jury is optional with the parties in civil cases but obligatory in all criminal cases of serious import. With respect to local government the constitution goes no further than to lay down certain general principles and to enjoin that the actual working arrangements be regulated by subsequent legislation. Among the principles enumerated are the immunity of the local authorities from intervention on the part of the central executive power, the revision of the acts of the public officials in administrative tribunals, the fiscal independence of the local governmental units, and, finally, the employment for local purposes of both proportional representation and the referendum.[884]

INDEX

Abgeordnetenhaus.
See [Prussia] and [Austria].
Administration,
development in Great Britain, [176]-179;
present system, [180]-191;
development of Prussian system, [265]-273;
in France under Old Régime, [341]-342;
during Revolutionary and Napoleonic era, [342]-343;
present system, [345]-351;
in Italy, [383]-385;
in Austria, [485]-488;
in Hungary, [506]-507;
in Holland, [532]-533;
in Belgium, [550]-551;
in Denmark, [569];
in Norway, [588];
in Sweden, [601];
in Spain, [627]-628;
in Portugal, [638]-639, [646].
Alsace-Lorraine,
original organization, [282];
the Landesausschuss, [283];
movement for autonomy, [284];
bill of 1910, [285];
present governmental system, [286]-287.
Ausgleich.
See [Austria-Hungary].
Austria:—
—Abgeordnetenhaus,
composition, [466];
electoral system to 1873, [466]-467;
Taaffe bill of 1893, [467]-468;
electoral law of 1896, [468];
electoral law of 1907, [469]-471;
electoral qualifications and procedure, [471]-472;
sessions and procedure, [472]-473;
powers, [473]-474.
—Administration,
of province, [485]-487;
of commune, [487]-488.
—Amendment,
of constitution, [461].
—Ausgleich,
established, [458]-459;
and political parties, [475]-476;
nature, [509].
—Babenbergs, [442].
—Badeni,
electoral bill, [468];
ministry, [479].
—Beck,
carries electoral reform, [469]-470.
—Bienerth,
ministry, [482].
—Bohemia,
language question in, [480].
—Charles V., [443].
—Christian Socialist Party, [483].
—Citizens,
rights of, [462].
—Civil list, [464].
—Commune,
organization, [487]-488.
—Constitution,
promulgated in 1848, [454];
abrogated, [455];
experiments of 1860-1861, [456]-457;
texts, [460];
style of government, [460]-461;
amendment, [461].
—Courts,
ordinary, [483]-484;
administrative, [484]-485.
—Crown.
See [Emperor].
—Diet,
provision for in constitution of 1848, [454].
—Diploma of 1860, [456].
—Elections,
original system, [466];
law of 1873, [467];
Taaffe bill of 1893, [467]-468;
law of 1896, [468];
law of 1907, [469]-471;
qualifications and procedure, [471]-472;
of 1901, [481];
of 1907, [481]-482;
of 1911, [482]-483.
—Emperor,
status, [463];
powers, [464];
relation with ministries, [464].
—Franchise,
law of 1873, [467];
Taaffe bill of 1893, [467]-468;
law of 1896, [468];
law of 1907, [469]-471;
present system, [471]-472.
—Francis I.,
proclaimed emperor of Austria, [445].
—Francis Joseph I.,
accession, [455];
constitutional projects, [456]-457;
and Compromise of 1867, [459];
encourages electoral reform, [469].
—Gautsch,
promises electoral reform, [469];
ministries, [480]-481.
—German Liberal Party,
rise, [476];
rule, [476]-477;
in the opposition, [477]-478;
return to power, [478]-479.
—Germans,
in Empire, [475].
—Hapsburgs, [442].
—Herrenhaus,
composition, [465];
organization and powers, [466];
sessions and procedure, [472]-473.
—House of Lords.
See [Herrenhaus].
—House of Representatives.
See [Abgeordnetenhaus].
—Hungary,
establishment of power in, [443];
encroachment in, [449]-450;
suppression of revolution in, [455]-456;
constitutional experiments with, [457]-458;
Ausgleich established, [458]-459.
—Italians,
in Empire, [475].
—Joseph II.,
reforms, [444].
—Judiciary.
See [Courts].
—Karlowitz,
Peace of, [443], [448].
—Körber,
ministry, [480]-481.
—Landesausschuss, [485].
—Landtag,
of province, [485]-487.
—Maria Theresa,
development of autocracy under, [444].
—Metternich,
policies, [450]-451;
combats liberalism, [452];
fall, [453].
—Ministry,
composition, [464];
responsibility, [464]-465.
—Parliament,
composition, [465]-466;
electoral system, [466]-472;
sessions and procedure, [472]-473;
powers, [473]-474.
—Parliamentarism,
nature of, [464]-465;
nadir of, [480]-481.
—Parties,
centralism and federalism, [475]-476;
rule of German Liberals, [476]-477;
during Taaffe ministry, [477]-478;
return of German Liberals to power, [478]-479;
and parliamentary deadlock, [480]-481;
and elections of 1907 and 1911, [481]-483.
—Patent of 1861, [457].
—Plural Vote,
under law of 1896, [468].
—Pragmatic Sanction,
promulgated, [499].
—Province,
executive officials, [485];
Landtag, [485]-487.
—Race,
political significance of, [470], [474]-475, [479]-480.
—Reichsgericht, [484].
—Reichsrath.
See [Herrenhaus] and [Abgeordnetenhaus].
—Revolution of 1848,
constitutionalism established, [454];
reaction, [455]-456.
—Russia,
intervenes in Austria, [455].
—Slavs,
in Empire, [475].
—Social Democratic Party,
demands for electoral reform, [469]-470;
victory in 1911, [483].
—Succession,
rules of, [449], [463].
—Taaffe,
electoral bill of 1893, [467]-468;
ministry, [477]-478.
—Universal Suffrage Law,
adoption, [469]-470;
racial and geographical distribution of seats, [470];
electoral qualifications and procedure, [471]-472.
—Vienna, Congress of,
rôle of Austria in, [450].
—Vorsteher, [487].
Austria-Hungary
(see also [Austria] and [Hungary]):—
—Ausgleich established, [458]-459;
nature, [509].
—Bosnia,
annexation, [514];
constitution, [515];
governmental system, [515]-516;
electoral arrangements, [516].
—Contributions.
See [Finances].
—Delegations,
composition and sessions, [513];
powers, [513]-514.
—Emperor,
status, [510].
—Finance,
ministry of, [511];
arrangements concerning, [512].
—Foreign Affairs,
ministry of, [510].
—Herzegovina,
annexation, [514];
constitution, [515];
government and electoral system, [515]-516.
—King.
See [Emperor].
—Ministry,
of foreign affairs, [510];
of war, [511];
of finance, [511].
—War,
ministry of, [511].

Baden,
granted a constitution, [197];
special privileges, [208];
governmental system, [279].
Bavaria,
made a kingdom, [194];
granted a constitution, [197];
special privileges, [208];
governmental system, [275]-276.
Belgium:—
—Administration,
organization of province, [550]-551;
organization of commune, [551].
—Amendment,
process, [535].
—Arrondissement,
electoral unit, [543]-545;
judicial unit, [549].
—Austrian Netherlands,
annexed to France, [517]-518;
incorporated in United Netherlands, [519].
—Catholic Party,
and electoral reform, [540]-541;
and proportional representation, [542]-543;
and elections of 1906-1910, [545]-546;
triumph in 1912, [546]-547.
—Commune,
organization, [551].
—Conservative Party,
and electoral reform, [540]-541.
—Constitution,
of 1815, [519]-520;
of 1831 promulgated, [534];
democratic character, [534]-535;
amendment, [535].
—Council,
of province, [550].
—Court of Cassation, [549].
—Courts,
organization and functions, [549]-550.
—Crown,
status and privileges, [536];
relation with ministry, [536]-537;
powers, [537]-538.
—Elections,
earlier arrangements, [539]-540;
law of 1893, [540]-541;
franchise to-day, [541]-542;
adoption of proportional representation, [543]-545;
of 1906-1910, [545]-546;
of 1912, [546]-547.
—Franchise,
prior to 1893, [539]-540;
law of 1893, [540]-541;
system to-day, [541]-542;
demand for further reform, [547]-548.
—Holland,
separation from, [520]-521.
—House of Representatives,
composition, [539];
earlier electoral arrangements, [539]-540;
electoral law of 1893, [540]-541;
franchise to-day, [541]-542;
organization and procedure, [548]-549.
—Independence,
declared, [520];
recognized, [521].
—Jury,
use of, [550].
—Leopold I.,
crowned king, [521].
—Liberal Party,
and electoral reform, [540]-541;
favors proportional representation, [543];
opposition to plural vote, [547].
—Ministry,
composition, [536];
responsibility, [536]-537.
—Parliament,
composition and election of senators, [538]-539;
composition of House of Representatives, [539];
electoral system, [539]-542;
proportional representation, [543]-545;
organization and procedure of chambers, [548]-549.
—Parliamentarism, [536]-537.
—Plural Vote, [541]-542;
opposition of Liberals and Socialists, [547]-548;
in province, [551].
—Proportional Representation,
adopted, [543];
operation, [543]-545.
—Province,
organization, [550]-551.
—Revolution of 1830, [520]-521.
—Senate,
composition and election, [538];
qualifications, [539];
organization, and procedure, [548]-549.
—Socialists,
lead movement for electoral reform, [540]-541;
favor proportional representation, [543];
opposition to plural vote, [547]-548.
Bismark, Otto von,
and establishment of German Empire, [199]-201;
attitude toward socialism, [231];
reform of Prussian local government, [266]-267.
Bosnia.
See [Austria-Hungary].
Bundesrath.
See [Germany] and [Switzerland].

Cabinet.
See [England].
Canton,
of France, [343], [348];
of Switzerland, [409]-422.
Chamber of Deputies.
See [France], [Italy], [Hungary].
Civil List,
in Great Britain, [51]-52;
of king of Prussia, [253];
of king of Italy, [368].
Committees,
in English Parliament, [123]-137;
in Bundesrath, [220];
in Reichstag, [226];
in Prussian Landtag, [264];
in French Parliament, [325]-327.
Commune,
in Prussia, [272]-273;
antiquity in France, [348];
organization, [344]-351;
in Italy, [385];
in Switzerland, [422];
in Austria, [487]-488;
in Holland, [533];
in Belgium, [551];
in Norway, [588];
in Spain, [627];
in Portugal, [638]-639.
Congress.
See [Portugal].
Congress of Deputies.
See [Spain].
Constitution,
development of English, [2]-41;
nature of English, [41]-47;
of German Confederation of 1815, [194]-196;
of German Empire, [202]-204;
of Prussia, [250]-252;
succession in France from 1791, [290]-300;
of Third Republic, [304]-306;
succession in Italy, [354]-361;
of Italy to-day, [360]-367;
of Switzerland, [410]-416, [431]-432;
of Austria, [456]-461;
of Hungary, [446]-448, [489]-490;
of Holland, [519]-523;
of Belgium, [534]-535;
of Denmark, [557]-559;
of Norway, [574], [578]-579;
of Sweden, [589];
succession in Spain, [604]-608;
of Spain to-day, [611]-612;
of Portuguese republic, [642]-643.
Cortes.
See [Spain] and [Portugal].
County,
English, [171]-184.
Courts,
in England, [171]-175;
in Germany, [243]-244;
in France, [337]-341;
in Italy, [381]-383;
in Austria, [483]-485;
in Holland, [531]-532;
in Belgium, [549]-550;
in Denmark, [568]-569;
in Norway, [587]-588;
in Spain, [626]-627;
in Portugal, [638], [646].
Croatia,
government, [507]-508.
Crown,
in Great Britain, [48]-59;
in German Empire, [210]-214;
in Prussia, [252];
in Italy, [368]-370;
in Austria, [463]-464;
in Hungary, [491];
in Holland, [523]-525;
in Denmark, [554]-561;
in Norway, [578]-585;
in Sweden, [570]-571, [590]-591;
in Spain, [613]-615;
in Portugal, [635]-636.