1

GREECE.

After a long period of Turkish domination and a few stormy years as a republic, Greece was recognized as an independent monarchy on 22 January/3 February 1830 by the Conference of London. By the Treaty of London of 25 April/7 May 1832,2 the new monarchy accepted Prince Otto of Bavaria as King. The latter ruled without a Constitution for eleven years, the first six of which were under a regency, but a military revolution (3/15 September 1843) caused him to convene a constituent Assembly at Athens, which eventually (4/16 March 1844) adopted a Constitution 3 modeled after the French Charter of 14 August 1830 and the Belgian Constitution of 7 February 18315 and admitting the system of bicameral assembly. The King took the oath to this Constitution on 18/30 March.

3

The revolution of 10/22 October 1862, which overthrew King Otto, brought George of Denmark to the throne on 6 June 1863. The following year a general revision of the Constitution was made (29 October) by the National Assembly which had chosen the new King. The latter took the oath to this Constitution on 16/28 November 1864. The Senate was abolished and the legislative power entrusted (Article 22) to the King and a single house. A law of 25 November/7 December 1865 abrogated Articles 83-86 concerning the Council of State.

In 1911 the Constitution was modified and a substitute for a second chamber was adopted in the reestablishment of the Council of State. This Constitution came into force 1/14 June 1911. From present indications, it is probable that the Constitution will be revised again in the near future."

1 French text in British and Foreign State Papers, 17: pp. 191-195.

'French and English texts in parallel columns in British and Foreign State Papers, 19: pp. 33-41; English text in HERTSLET, Map of Europe by Treaty, vol. I (London, 1875), pp. 893-899.

3 French text in British and Foreign State Papers, 32: pp. 989-1000. French text in British and Foreign State Papers, 17: pp. 1013-1018.

5 French text in British and Foreign State Papers, 18: pp. 1052-1065.

French translation in British and Foreign State Papers, 56: pp. 572-584, and F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (3d edition, Paris, 1910), vol. II, pp. 301-317; and German translation in PAUL POSENER, Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 589–599.

'These introductory paragraphs are based upon DARESTE, op. cit., pp. 299-300, and POSENER, op. cit., pp. 587-589. Cf. also The Statesman's Yearbook (1917 and 1918).

CONSTITUTION OF 1/14 JUNE 1911.1

[PREAMBLE.]

In the Name of the Holy, Consubstantial and Indivisible Trinity, the Second National Assembly of the Greeks in Athens decrees:

RELIGION.

ARTICLE 1. The Established Religion in Greece is that of the Eastern Orthodox Church of Christ. Every other known religion is tolerated and the forms of its worship are carried out without hindrance under the protection of the laws, proselytism and all other interference with the established religion being prohibited.

ART. 2. The Orthodox Church of Greece, acknowledging for its Head our Lord Jesus Christ, is indissolubly united in doctrine with the Great Church in Constantinople and with every other Church of Christ holding the same doctrine, steadfastly observing, as they do, the holy apostolic and synodal canons and holy traditions; it is autocephalous, exercising its sovereign rights independently of every other Church, and it is administered by a Holy Synod of Bishops. The ministers of all recognized religions are subjected to the same superintendence on the part of the State as the ministers of the established religion.

The text of the Holy Scriptures is maintained unchanged; the rendering thereof in another form of language without the previous sanction of the Great Church of Christ in Constantinople also is absolutely prohibited.

THE PUBLIC RIGHTS OF THE GREEKS.

ART. 3. The Greeks are equal in the eye of the law and contribute without distinction to the public burdens according to their ability; and only Greek citizens are admissible to all public employments, saving the special exceptions introduced by special laws. Citizens are those who have acquired or shall acquire the qualifications of citizenship in accordance with the laws of the State. Titles of nobility or distinction are neither conferred on Greek citizens nor recognized by them.

ART. 4. Personal liberty is inviolable; no man may be prosecuted, arrested, imprisoned or otherwise confined, except when and as the law provides.

1 Translation taken from a manuscript belonging to the U. S. Department of State, English translation also in the British and Foreign State Papers, 108: pp. 482-497.

ART. 5. Except when taken in the act, no man may be arrested or imprisoned without a judicial warrant stating the reason, which must be served at the moment of arrest or detention. He who is detained on being taken in the act or on a warrant of arrest must be brought without delay before the competent examining judge within 24 hours of his arrest at the latest, or, if the arrest occurred beyond the limits of the district of the examining judge, within the time absolutely necessary for his conveyance. The examining judge must, within at the most three days of his appearance, either release the person arrested or deliver a warrant for his imprisonment. In the event of either of these terms having passed without such action, every jailer or other person, civil or military, charged with the detention of the arrested person, must release him instantly. Those who violate the above provisions are punished for illegal detention and are .obliged to make good any loss sustained by the injured party and further to indemnify him in a sum of money fixed at the discretion of the judge but never less than ten drachmas per diem.

ART. 6. In case of political offenses, the Council of the Judges of the Court of Misdemeanors can always, on demand of the person detained, allow his release under bail fixed by a judicial order, against which an appeal is allowed. In case of these offenses, preliminary detention can never be prolonged beyond three months. ART. 7. No punishment may be inflicted unless previously fixed by law.

ART. 8. No one may be withdrawn without his consent from the [jurisdiction of the] judge assigned to him by law.

ART. 9. Each individual or many together possess the right, on conforming with the laws of the realm, to address petitions in writing to the public authorities, who are bound to take prompt action and to furnish the petitioner with an answer in writing, in accordance with the provisions of the law. Only after the final decision of the authority to whom the petition was addressed, and by leave of that authority, may inquiry be made as to responsibility on the part of the petitioner for offenses contained in the petition.

ART. 10. The Greeks have the right to meet quietly and unarmed; only at public assemblages the police may be present. Assemblages in the open air may be prohibited, if danger to public security is imminent from them.

ART. 11. The Greeks possess the right of association, conforming with the laws of the State, and in no case can the laws subject this right to previous permission on the part of the government.

An association can not be dissolved for infraction of the provisions of the law except by a judicial decision.

ART. 12. The dwelling is inviolable. Domiciliary visits can only be made when and as the law directs.

Offenders against these provisions are punished for abuse of authority and are bound fully to indemnify the injured party and further to compensate him in a sum of money fixed at the discretion of the Law Court but never less than one hundred drachmas.

ART. 13. In Greece human beings may neither be bought nor sold; a slave, purchased or otherwise, of every race and religion, is free from the time he sets foot on Greek soil.

ART. 14. Everyone may publish his opinions by speech, by writing or by printing, observing the laws of the realm. The press is free. Censorship and every other preventive measure is prohibited. The seizure of newspapers and other printed treatises whether before or after publication is likewise prohibited. Exceptionally seizure after publication is permitted on account of insult to the Christian religion or to the person of the King, or, in cases determined by law, on account of indecent publications manifestly offending public decency; but in such case, within 24 hours, after the seizure, both the public prosecutor must submit the case to the Judicial Council and the Council must decide whether the seizure is to be maintained or withdrawn; otherwise the seizure is de jure raised. Appeal is allowed against the order only to the publisher of the article seized and 'not to the public prosecutor.

The publication of news or communications relating to military movements or to the fortifications of the country may be prohibited in such manner as the law shall direct, under threat of seizure and criminal prosecution. In case of seizure the provisions above stipulated are applied.

Both the publisher of a newspaper and the author of a reprehensible publication relating to private life, in addition to the penalty imposed according to the terms of the criminal law, are civilly and conjointly liable fully to redress any loss occasioned and to indemnify the injured party in a sum of money fixed at the discretion of the judge but never less than 200 drachmas.

Only Greek citizens are allowed to publish newspapers.

ART. 15. No oath may be imposed except in the form provided by law.

ART. 16. Education, which is under the supreme supervision of the State, is conducted at the State expense.

Elementary education is obligatory for all, and is given free by the State.

Private persons and corporations are allowed to establish private schools conducted in accordance with the Constitution and the laws of the realm.

ART. 17. No one may be deprived of his property except for the public benefit duly proven, when and as the law directs and always after indemnification. The indemnification is always fixed through the judicial channel. In case of urgency it may be provisionally fixed judicially after the beneficiary has been heard or summoned and the beneficiary may be obliged, at the discretion of the judge, to give a proportionate, guarantee in the manner defined by law. Until the final or provisional indemnification fixed is paid, all the rights of the proprietor are maintained intact, dispossession not being permitted.

Special laws settle the details respecting the proprietorship and disposal of mines, quarries, archaeological treasures, and mineral and running waters.

ART. 18. Torture and general confiscation are prohibited. Civil death is abolished. The penalty of death for political offenses, except when complicated by other crimes, is abolished.

ART. 19. No previous permission of the administrative authority is required to prosecute public or municipal officials for their punishable acts connected with their service, except in the case of ministers for which special provisions are laid down.

ART. 20. The secrecy of letters is absolutely inviolable.

THE FORM OF GOVERNMENT.

ART. 21. All powers have their source in the nation and are exercised in the manner appointed by the Constitution.

ART. 22. The legislative power is exercised by the King and the House of Representatives.

ART. 23. The right of proposing laws belongs to the House of Representatives and the King, who exercises it through the ministers. ART. 24. No proposal regarding an increase of the budgetary expenditure by salary or pension, or in general for the advantage of a person, may originate from the House of Representatives.

ART. 25. A project of law rejected by either of the two Estates possessing the legislative power may not be again introduced in the same parliamentary session.

ART. 26. The authentic interpretation of the laws rests with the legislative power.

ART. 27. The executive power belongs to the King, and is exercised by the responsible ministers appointed by him.

ART. 28. The judicial power is exercised by the courts of law, and judicial decisions are executed in the King's name.

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