Political Constitution of the Portuguese Republic (1933)

For other versions of this work, see Political Constitution of the Portuguese Republic.

POLITICAL CONSTITUTION OF THE PORTUGUESE REPUBLIC

PART I. Of fundamental guarantees

TITLE I. Of the Portuguese Nation

Art. 1. The territory of Portugal is that which at present belongs to it and comprises :

I) in Europe : the mainland and the archi pelagos of Madeira and the Azores ; II) in West Africa : the Cape Verde archi pelago, Guinea, S. Tome and Principe and their dependencies, S. Joao Baptista de Ajuda, Cabinda and Angola; III ) in East Africa : Mozanibique ; IV) in Asia: the State of India and Macao and their respective dependencies ; 3 V) in Oceania: Timor and its depen dencies.

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

Art. 2. No part of the national territory may be acquired by the government or any public body of a foreign nation, save for the installation of diplomatic or consular' missions, provided there is reciprocal treatment for the Portuguese State.

Art. 3. The nation consists of all Portuguese citizens resident within or outside its territory and they shall be considered as subject to the State and Portuguese laws, without prejudice to the rules of international law which may be applicable.

Sole § Foreigners sojourning or resident in Portugal are also subject to the State and Portuguese laws, without prejudice to the provisions of international law.

Art. 4. The Portuguese nation is an independent State. Its sovereignty recognises in the internal sphere morality and law as the only limitations ; in the inter national field it recognises only those limitations which are derived from conventions or treaties freely entered into, or from customary law freely accepted. It is the duty of the nation to co-operate with other states in preparing and adopting measures making for peace among people and for the progress of mankind.

Sole § Portugal advocates arbitration as a means of settling international disputes.

Art. 5. The Portuguese State is a unitary and corporative republic founded upon the equality of all its citizens in the eyes of the law, upon the free access for all classes to the benefits of civilisation, and upon the participation of all the constituent forces of the nation in its administrative life and in the making of laws.

Sole § Equality before the law implies the right to be employed in public service according to ability or services rendered; it also involves no recognition of privilege of birth, nobility, title, sex or social position, save only the distinction due to women by reason of their nature and in the interests of the family; in regard to the obligations and benefits of citizens, it involves those differences imposed by diversity of circumstances or arising out of natural conditions.

Art. 6. It is the duty of the State : 1. To promote the unity and establish the juridical order of the nation by defining and enforcing respect for the rights and guarantees of morality, justice or the law, in the inte rest of the individual, of the families, and the local autonomous and the public or private bodies; 2. To co-ordinate, stimulate and direct all social activities in order to promote a proper harmony of interests within the lawful subordination of private interests to the general good; 3. To strive for the improvement of the social condition of the least favoured classes of society and to prevent their standard of life from falling below an adequate human level.

TITLE II. Of Citizens

Art. 7. The civil law defines how Portuguese citizenship is acquired and lost. A Portuguese citizen enjoys the rights and guarantees provided by the Cons titution; naturalized citizens, however, are subject to the restrictions prescribed by law.

Sole § Foreigners resident in Portugal enjoy the same rights and guarantees, unless the law determines otherwise. This does not apply to poli tical rights or to public rights which involve a duty towards the State, although, as 'regards public rights,, reciprocal privileges granted to Portuguese nationals by other states shall be observed.

Art. 8. The rights and individual guarantees of Portuguese citizens are : I) The right to life and freedom of per son from aggression; II) The right to good name and reputa tion; III) Liberty and inviolability of religious beliefs and practices, on the ground of holding which nobody may be perse cuted, deprived of a right or exempted from any obligation or civic duty. Nobody shall be compelled to answer questions concerning the religion he professes, except in a legally conducted census ; IV) The free expression of thought in any form; V) Freedom of teaching; VI) The inviolability of residence and the privacy of correspondence as may be determined by law ; VII) Freedom of choice of profession or nature of work, art or trade, subject to such legal restrictions as may be neces sary in the interests of public welfare and to monopolies which, by law, can only be granted by the State and admi nistrative bodies for reasons of recog nised public utility; VIII) Nobody shall be deprived of personal liberty or arrested without being charged except for cases coming within paragraphs 3 and 4 hereof; IX) Nobody shall be sentenced for a crimi nal offence unless there is an existing law which declares the act or omission to be punishable ; X) To prepare a case in defence, the accused being given the necessary guarantees to this end both before and after being formally charged; XI) Nobody shall be punished by imprison ment for an unlimited term or by death, except however, as regards the latter, during a state of war with a foreign country, in which case the sen tence must be carried out in the theatre of war; XII) There shall be no confiscation of goods nor can any personal punishment be inflicted except upon the delinquent; XIII) Nobody shall suffer imprisonment for failure to pay costs or stamp duties; XIV) Freedom of meeting and association; XV) The right of property and its trans mission during life or by death, as provided by the civil law ; XVI) Freedom from the payment of taxes not decreed in accordance with the Constitution ; XVII) The right to reparation for all actual damage in accordance with the provi sions of the law, which may prescribe pecuniary reparation for damages of a moral character ; XVIII) The right of making representation or petition, claim or complaint, to sove reign or other public authority, on matters affecting personal rights or the general good; XIX) The right of resistance to any order which may infringe individual guaran tees, unless legally suspended, and of repelling by force private aggression when recourse to public authority is impossible ; XX) Sentences for criminal offences shall be open to revision, and the right to an indemnity from the State for loss and damage shall be assured to the convicted person or his heirs by measures to be defined by law.

§ 1. The enumeration of the above rights and guarantees shall not exclude any others derived from the Constitution or the law, it being understood that citizens should always exercise them without injuring the rights of third parties, or damaging the interests of society or moral principles.

§ 2. Special laws shall govern the exercise of the freedom of expression of opinion, education, meeting and of association. As regards the first item, they shall prevent, by precautionary or restrictive measures, the perversion of public opinion in its function as a social force, and shall protect the character of citizens, who, when libelled or abused in a periodical publication, shall have the right to have a correction or reply inser ted in the same, free of charge, without prejudice to any other right or to such proceedings as may be deter mined by law.

§ 3. Imprisonment without formal charge is permitted in cases of flagrante delictu and in cases of the following actually committed, prevented or attemp ted crimes: those against the safety of the State; the counterfeiting of money, bank-notes and government bonds; wilful homicide; burglary or robbery; larceny, fraud or embezzlement, when perpetrated by an habi tual criminal; fraudulent bankruptcy ; arson; the manu facture, possession, or use of explosive bombs and other similar appliances. 9 § 4- Except in the cases specified in the preced ing paragraph, imprisonment in a public gaol, or detention in a private residence, or institution for luna tics, is only permitted on a written order from the competent authorities, and shall not be continued on the accused offering proper bail or bond in regard to residence, when allowed by law. The exceptional safeguard of habeas corpus may be used against an abuse of authority in the circum stances prescribed in a special law.

Art. 9. All persons employed by the State, administrative bodies and public utility corporations, or by companies which have a contract with any of these, are guaranteed the right to their posts during the period of compulsory military service.

Art. 10. The State shall bestow distinctions of honour or rewards on those citizens who distinguish themselves by reason of personal merit or civic or mili tary deeds, and likewise on foreigners when there is an international interest; the law prescribing the orders, decorations, medals and diplomas for this purpose.

Art. 11. All authorities are jointly and severally precluded from suspending the Constitution or limiting the rights therein established except in the cases therein provided.

TITLE III. Of the Family

Art. 12. The State shall ensure the constitution and protection of the family as the source of preservation and development of the race, as the first basis of education, discipline and social harmony, and, as the foundation of all political and administrative order through family grouping and representation in the parish and in the town councils.

Art. 13. The constitution of the family is based upon : I) marriage and legitimate offspring; II) equality of rights and duties of husb and and wife in regard to the mainte nance and education of their legitimate children ; III) the obligation to register the marriage and birth of children.

§ 1. The civil law shall determine the rulesgoverning the persons and goods of husband and wife, parental authority and its substitution, the rights of succession in direct or collateral line, and the right of maintenance.

§ 2. Legitimate children shall be guaranteed those full rights necessary for the order and unity of the*family, and rights corresponding to their position shall also be recognised in the case of illegitimate chil dren who can be recognised as offspring, and likewise unborn children, particularly the right to maintenance which shall be the liability of those upon whom, after investigation, the duty is found to fall.

Art. 14. With the object of protecting the family it is the duty of the State and local bodies : I) to encourage the establishment of sepa rate homes under healthy conditions. 11 and the institution of the family household ; II) to protect maternity; III) to adjust taxation to the legitimate obligations of the family, and to pro mote the adoption of a family wage; IV) to assist parents in the discharge of their duty of instructing and educating their children, and to co-operate with them by means of public institutions for education and correction, or by encouraging private establishments having the same objects; V) to take all measures necessary to pre vent the corruption of morals.

Art. 15. The registration of the civil status of citizens is a matter proper to the State.

TITLE IV. Of Corporative Bodies

Art. 16. It is the duty of the State to authorise, unless otherwise provided by law to the contrary, all corporative, collective, intellectual or economic bodies, and to promote and assist their formation.

Art. 17. The principal aims of the corporative bodies, referred to in the preceding article, shall be, scientific, literary or artistic, or physical training, relief, alms, or charity; technical improvement or solidarity of interests.

Sole § The constitution of these hodies and the 'way in which they function shall he governed by spe cial regulations. ,.

Art. 1 8. Foreigners domiciled in Portugal may be members of the corporative organisations referred to, on such conditions as may be determined by law; they shall not be allowed share in the exercise of the political rights granted to these bodies.

TITLE V. Of the Family, Corporative Organisations and Autonomous Bodies as Political Units

Art. 19. It is the particular privilege of families to elect the parish councils.

Sole § This rigth is exercised by the head of the family.

Art. 20. In the corporative organisation all branches of the nation's activities shall be represented through their association in the corporative organisa tions, and it shall be their duty to participate in the election of town councils and provincial boards and the constitution of the Corporative Chamber.

Art. 21. Under the political organisation of the State the parish councils shall elect the town councils which in turn shall elect the provincial boards. Local autonomous bodies shall be represented in the Corporative Chamber.

TITLE VI. Of Public Opinion

Art. 22. Public opinion is a fundamental part of the policy and administration of the country; it shall be the duty of the State to protect it against all those influences which distort it from the truth, justice, good administration, and the common weal.

Art. 23. The function of the press is of a public nature and for that reason it may not refuse to insert any official notices of normal dimensions on matters of national importance sent to it by the government.

TITLE VII. Of the Administrative Order

Art. 24. Civil servants are for the service of the community and not for that of any party or association of private interests; it is their duty to respect the authority of the State and cause others to do so.

Art. 25. Employees of local autonomous bodies and of corporations of general administrative utility, and likewise persons who work for public utility under takings, shall be subject to the rule prescribed in the preceding article.

Art. 26. Planned interruption of public services or of those of interest to the community shall involve the dismissal of the offenders, without prejudice to any other liability at law.

Art. 27. Nobody shall be allowed to hold more than one office in the employment either of the State or local bodies, or of both, except on such conditions as may be laid down by law.

Sole § Rules as to incompatibility, whether in regard to public" offices or to the exercise of other pro fessions in conjunction with same, shall be determined by a special law.

Art. 28. All citizens are bound to lend their services and co-operation to the State and local bodies as established by law and to contribute towards public expenditure according to their means.

TITLE VIII. Of the Economic and Social Order

Art. 29. The economic organisation of the nation must provide the maximum production and wealth for the benefit of society, and shall create a collective exis tence from which shall flow power to the State and justice to its citizens.

Art. 30. The State shall conduct its economic relations with other countries according to the princi ple of proper co-operation, without prejudice to the commercial advantages to be obtained from any parti cular country, or the necessity for protection against external threats or attacks.

Art. 31. It shall be the right and duty of the State to co-ordinate and control economic and social life with the following objects : I) to establish a proper balance of the population, of professions, of occupations, of capital and of labour; II) to protect the national economic system from agricultural, industrial and com mercial ventures of a parasitic nature, or those incompatible, with the higher interests of human life; III) to secure the lowest price and the highest wage consistent with fair remu neration for other factors of produc tion, by means of improving technical methods, services and credit ; IV) to develop the settlement of the natio nal territories, to protect emigrants and to regulate emigration.

Art. 32. The State shall encourage those private economic activities which are the most profitable, relative costs being equal, but without detriment to the social benefit conferred and to the protection due to small home industries.

Art. 33. The State may only intervene directly in the management of private economic ventures when it has to finance them and for the purpose of securing a larger measure of social benefit then would otherwise be the case.

Sole § State undertakings carried on for profit, even if working on the basis of free competition, are likewise subject to the provisions laid down in the latter part of the present article.

Art. 34. The State shall promote the formation and development of the national corporative economic system, taking care to prevent any tendency among its constituent bodies to indulge in unrestricted competition with each other, contrary to their own proper aims and those of society, and shall encourage them to collaborate as members of the same community.

Art. 35. Property, capital and labour have a social function in the field of economic co-operation and common interest, and the law may determine the conditions of their use or exploitation in accordance with the community aim in view.

Art. 36. Labour, whether unskilled, skilled, or technical, may be associated with an undertaking in any form that circumstances render advisable.

Art. 37. Only economic corporations which are recognised by the State may conclude collective labour contracts, in accordance with the law, and those made without their intervention shall be null and void.

Art. 38. Litigation concerning matters which affect collective labour relations shall be dealt with by special courts.

Art. 39. In their economic relations with each another, neither capital nor labour shall be allowed to suspend operations with the object of imposing their respective claims.

Art. 40. It is the right and duty of the State to protect public morals, the wholesomeness of food and drink, and public health.

Sole § The holding of more than one post in pri vate undertakings shall be discouraged as being con trary to public economy and public policy.

Art. 41. The State shall promote and encourage community concerns and provident, co-operative, and mutual benefit institutions.

TITLE IX. Of Education, Instruction and National Culture

Art. 42. Education and instruction are obliga tory and are the concern of the family and of public or private institutions in co-operation with the same.

Art. 43. The State shall officially maintain pri mary, complementary, middle and high schools, and institutions for advanced education.

§ 1. Elementary primary instruction is obligatory and may be given at home, or in private or state schools.

§ 2. The arts and sciences shall be encouraged and their development, teaching and dissemination favoured, provided that respect is maintained for the Constitution, the authorities and the co-ordinating functions of the State.

§ 3.' The instruction provided by the State, in addition to aiming at physical fitness and the improvement of intellectual faculties, has its object the formation of character and of professional ability as well as the development of all moral and civic qualities, the former along the traditional principles of the coun try and of Christian doctrine and morality.

§ 4. No permission shall be required for the teaching of religion in private schools. Art. 44. The establishment of private schools on the lines of the State schools shall be free, but subject to State inspection; schools may be subsidised by the State or authorised to grant diplomas if their curricula and the standard of their teaching staff are not inferior to those of the corresponding public institutions.

TITLE X. Of the Relations of the State with the Catholic Church and of the Regime of Worship

Art. 45. The public and private practice of any religion is free. Religious bodies may organise them selves freely in accordance with the rules of their hier archy and discipline, and thus form associations or organisations whose civil existence and juridical per sonality shall be recognised by the State.

Sole § This shall not apply to the practices of any religious body which are incompatible with the life and physical freedom of person of the human individual, and with good morals.

Art. 46. Without prejudice to the provisions of concordats in the matter of the Clergy, the State shall maintain the regime of separation in relation to the Catholic Church and any other religion or cult X>ractised within Portuguese territory, and diplomatic relations between the Holy See and Portugal, - with reprocity of representation.

Art. 47. The State may not assign to any other purpose any chapel, building, or article belonging to a religious body.

Art. 48. Public cemeteries shall be secular in character and ministers of any religion may freely practise their respective rites therein.

TITLE XI. Of the Public and Private Domains of the State

Art. 49. The public domain of the State shall comprise the following : I) mineral deposits, medicinal mineral springs and other natural wealth below the surface; II) maritime waters and their shores; III) lakes, lagoons, and watercourses navi gable to ships or rafts, their respective beds or channels, and also any others recognised by special decree to be of public utility as suitable for the pro duction of electric power, national or regional, or for irrigation ; IV) dykes opened up by the State ; V) The air over the land beyond such limits as the law fixes in favour of the owner of the surface ; VI) railways of public interest of any kind, public highways and roads ; VII) territorial areas reserved for military defence ; VIII) any other property placed by law under the regime of public domain.

§ 1 . The authority of the State over the property of the public domain and the use of it by citizens shall be governed by law and by the international conventions concluded by Portugal, without prejudice to the prior rights of the State and the acquired private rights of individuals. The latter rights, however, shall be subject to expropriation as may be determined by the public interest and upon payment of reasonable indemnity.

§ 2. Rocks and common earths, and materials commonly employed in building are expressly excepted from the natural riches specified in N.° (I) above.

§ 3. The State shall undertake the demarcation of those private lands which abut on any property of public domain.

Art. 50. The administration on the mainland and in the adjacent islands of property owned by the State in a private capacity pertains to the Ministry of Finance, except when it is expressly attributed to any other Ministry.

Art. 51. No State property or rights which affect its prestige or the more important national inte rests may be alienated.

Art. 52. Artistic, historical and natural monu ments, and artistic objects officially recognised as such, are under the protection of the State, and their aliena tion in favour of foreigners is prohibited.

TITLE XII. Of National Defence

Art. 53. The State shall assure the existence and prestige of those military institutions on land and sea which are required by the supreme needs of national defence to maintain order and public tranquility.

Sole § There shall be a single military organisa tion for the entire territory.

Art. 54. Military service shall be general and compulsory. The law shall determine the conditions of service.

Art. 55. The law shall regulate the general organisation of the nation in wartime in accordance with the principle of a nation in arms.

Art. 56. The State shall promote, encourage and assist civil institutions whose aim is to teach and discipline young persons in preparation for the fulfilment of their military and patriotic duties.

Art. 57. No citizen may -hold or obtain employment from the State or local autonomous bodies unless he has fulfilled the duties to which he is liable under military law.

Art. 56. The State guarantees protection and pensions to persons who are incapacitated in military service in defence of the country or of order, and likewise to the families of individuals who lose their lives in such service.

TITLE XIII. Of the Administration of Undertakings of Collective Interest

Art. 59. All undertakings the object of which is the utilisation or exploitation of anything forming part of the State public domain, are regarded as being of collective interest and are subject to special State regime of administration, competition, supervision, or control, in accordance with the needs of public secu rity, national defence and economic and social relations.

Art. 60. The following shall conform with uni form rules, without prejudice to special circumstances where necessary in matters of secondary importance. I) the establishment or alteration of land, river, maritime or air communications, whatever their nature or purpose; II) the construction of works for the uti lisation of water or coal for the pro duction of electric power ; the construc tion of grid systems for its transmis sion, supply or distribution, and also in general works for agricultural drain age and irrigation purposes; III) the exploitation of public services in connection with above mentioned communications, works and grid sys tem.

Art. 61. The State shall promote the carrying out of the public improvements mentioned in the pre ceding article, and particularly the development of the national merchant marine, bearing in mind specially the ties with overseas dominions and those countries where Portuguese are numerous.

Art. 62. The ' tariffs for the exploitation of public services in respect of which concessions have been granted are subject to control and legal inspection by the State.

TITLE XIV. Of state Finances

Art. 63. There shall be a single general State budget for the mainland and adjacent islands, showing the sum total of public receipts and expenditure and likewise those of the autonomous services. Detailed explanations of these may be published separately.

Art. 64. The general State budget shall be drawn up annually and put into effect by the Government, in conformity with the legal provisions in force and par ticulars the law of authorisation mentioned in Arti cle 91 (IV).

Art. 65. Expenditure corresponding to the legal or contractual obligations of the State, or that which is permanent by reason of its nature or purpose, including interest charges and amortisation of the Public Debt, shall be taken as the basis for fixing taxation and other State revenue.

Art. 66. The budget shall state the measures which are essential for meeting the total expenditure.

Art. 67. The State may only borrow for extra ordinary expenditure for economic expansion, for amortisation of other loans, and for essential increase of State patrimony, or vital requirements for the defence and preservation of the nation.

Sole § Essential supplementary revenue may however be obtained by means of floating debt, repre senting receipts of the current administrative period, at the end of which the amount must be liquidated, or the Treasury placed in a position to liquidate it through its funds.

Art. 68. The State may not reduce the capital or interest of the funded public debt to the detrin.ent of the bondholders, but may convert it on equitable terms.

Art. 69. Sums due on account of deposits placed in State funds or its credit institutions may nor. be subject to compulsory consolidation.

Art. 70. The law shall fix general principles in regard to the following matters : I ) taxation ; II) rates chargeable on public services; III) administration and exploitation of State property and undertakings;

§ 1. In the matter of taxation the law shall determine the liability, rate, exemptions where proper, and the claims and reliefs to be allowed to the taxpayer.

§ 2. The collection of taxes established for an indefinite time, or for a fixed period exceeding a single administrative period shall be subject to. the authori sation of the National Assembly.

PART II. Of the Political Organization of the State

TITLE I. Of Sovereignty

Art. 71. Sovereignty is vested in the nation; its representatives are the Head of the State, the National Assembly, the Government and the Courts of Justice.

TITLE II. Of The Head of the State

CHAPTER I. Of the election of the President of the Republic and of his Prerogatives

Art. 72. The Head of the State is the President of the Republic, elected by the nation.

§ 1. The President is elected for seven years.

§ 2. The election shall take place on the Sunday nearest to the sixth day preceding the end of each Presidential term, by direct suffrage of the cittzen electors.

§ 3. The final scrutiny of votes shall be made by the Supreme Court of Justice, which shall proclaim President the citizen obtaining the largest number of votes.

Art. 73. Only a Portuguese citizen over thirty- -five years of age, who has always possessed Portu guese nationality, and is in full enjoyment of his civil and political rights, may be elected President of the Republic.

Sole § Should the individual elected be a member of the National Assembly, he shall lose his seat.

Art. 74. Relatives of the kings of Portugal, up to the sixth degree are ineligible for the office of President of the Republic.

Art. 75. The President-elect shall assume his duties on the day on which his predecessor's mandate expires, and shall take office before the National Assembly, using the following form of oath : «I swear to maintain and loyally and faith fully to carry out the Constitution of the Republic, to observe the laws, to promote the general wel fare of the nation and to uphold and protect the integrity and independence of the Portuguese fatherland.»

Art. 76. The President of the Republic may only go abroad with the assent of the National Assem bly and the Government.

Sole § Failure to observe the provisions of this article shall in the full meaning of the law involve loss of office.

Art. 77. The President of the Republic shajl receive a salary, fixed before his election, and he may choose two State properties for use as the Presidential Secretariat and as a private residence for himself and the members of his family.

Art. 78. The President of the Republic shall be directly and exclusively responsible to the nation for actions performed in the exercise of his duties.' Both the exercise of the latter and his office as magistrate shall be independent of any vote of the National Assembly.

Sole § For crimes unconnected with the exercise of his functions the President shall be answerable to ordinary courts of law but only after conclusion of his mandate

Art. 79. The President of the Republic may resign his office in a message addressed to the nation and published in the Didrio do Governo.

Art. 80. In the event of the Presidency of the Republic falling vacant owing to the death, resignation or permanent physical disability of the President, or owing to his absence abroad without the assent of the National Assembly and the Government, the new Pre sident shall be elected within a period not exceeding sixty days.

§ 1. The President's permanent physical disability must be recognised by the Council of State summoned for the purpose by the President of the Council of Ministers who, if the disability is confirmed, shall publish in the Didrio do Governo an announcement of the presidential vacancy.

§ 2. So long as the election envisaged in this article does not take place, or when, for some reason there is a temporary interruption in the presidential duties, the President of the Council of Ministers shall be invested with the attributes of the Head of the State, which shall be added to those pertaining to his office.

CHAPTER II. Of the Attributes of the President of the Republic

Art. 81. It shall be the business of the President of the Republic : I) to appoint the President of the Council and the Ministers from among Portu guese citizens, and to dismiss them; II) solemnly to open the first meeting of each legislative session and to address messages to the National Assembly, directing them to its Chairman, who shall read them at the first meeting to be held after their receipt ; III) to fix a day, in accordance with the electoral law, for a general election or by-election of deputies ; IV) to confer constituent powers upon the National Assembly and to submit to a National Plebscite such alterations of the constitution as may refer to the legislative functions or to public bodies charged therewith, in accordance with art. 135 (I) and (II). V) to convene the National Assembly in extraordinary session, in time of 29 urgent public emergency, for the con sideration of specified matters, and to adjourn its sessions, without prejudice to the duration fixed for the Legislative Session in each year ; VI) to dissolve the National Assembly when the supreme interests, of the nation so require; . VII) to represent the nation and direct the foreign policy of the State; to conclude international conventions and negotiate treaties of peace, alliance, arbitration and commerce, submitting them through the government to the National Assembly for approval; VIII) to grant pardons and commute punishments. No pardon may be granted until half the sentence has been served ; IX) to promulgate and cause to be published, the law and resolutions of the National Assembly as well as the Decree laying down regulations, and to sign all individual decrees in default of which they shall be consi dered as non-existent. Art. 82. (c) The acts of the President of the Republic must be countersigned by the President of the Council and by the appropriate Minister or Ministers ; in default they shall be non-existent.

Sole § Counter-signatures are not required for : I) the appointment and dismissal • of the Council ; II) messages addressed to the National Assembly ; III) the message of resignation from office.

CHAPTER III. Of the Council of State

Art. 83. The Council of State shall function alongside the President of the Republic and shall be composed of the following members : I) the President of the Council of Minis ters ; II) the Chairman of the National Assembly ; III) the Chairman of the Corporative Chamber ; IV) the President of the Supreme Court of Justice ; V) the Procurator General of the Republic ; VI) five public men of outstanding ability, appointed for life by the Head of the State.

Art. 84. The Council of State shall be consulted by the President of the Republic before exercising the functions referred to in Art. 81 (IV), (V) and (VI), and in the sole § of Art. 87, and in all grave State emergencies. It may likewise be convened whenever the President may deem it necessary.

TITLE III. Of the National Assembly

CHAPTER I. Of the National Assembly

Art. 85. The National Assembly is composed of one hundred and fifty deputies, elected by the direct vote of the citizen electors, and the duration of its man date shall be four years.

§ 1. The necessary qualification for deputies, and the organization of the electoral colleges and procedure, shall be governed by a special law.

§ 2. Nobody may be a member of the National Assembly and of the Corporative Chamber at the same time.

§ 3. Vacancies occurring in the National Assembly, provided they attain the number fixed by the electoral law and do not exceeding one fifth of the total number of deputies required by law, shall be filled by means of by-elections, the respective mandates expiring with the life of the legislature.

§ 4. (a) Deputies may resign their mandates, but such resignation shall not be effective unless accepted by the Assembly or its Chairman, according to whether it is presented during or in an interval between sessions.

Art. 86. It shall be the duty of the National Assembly to examine and recognise the powers of its members, to elect its board, to draw up its own internal rules, and to regulate its police.

Art. 87. If the National Assembly is dissolved elections shall be held within sixty days, under the electoral law in force at the time of the dissolution. The new Chambers shall meet within the thirty days following the closing of the electoral proceedings, if the legislative session of that year has not been concluded, they shall continue for the full legislative period without reckoning the time during which they functioned in completion of the previous legislative session, and without prejudice to the right of dissolution.

Sole § If the supreme interests of the country render it advisable, the period of sixty days mentioned in this article may be extended to six months. Art. 88. After the final ordinary legislative session of the four-year period, the National Assembly shall remain in being until the results of the new general election have been ascertained.

CHAPTER II. Of the members of the National Assembly

Art. 89. The members of the National Assembly shall enjoy the following immunities and privileges : a) they may not be attacked for the opinion and votes given in the exercise 3 33 of their mandates, subject to the limitations laid down in § 1 and 2; b) they may not be called upon to serve on juries, or as experts or witnesses, without the sanction of the Assembly; c) they may not be detained or arrested without the consent of the Assembly, except in cases of crimes punishable by the maximum sentence or its equivalent in the penal scale, provided that in the latter case they are arrested in flagrante delictu or under a warrant of the Court; d) if criminal proceedings are taken against any deputy and he is formally charged, the judge shall notify the Assembly of the fact; the Assembly (save in the case mentioned in the latter part of paragraph c) of this article) shall then decide whether or not the deputy shall be suspended to enable the proceedings to take their course. e) they shall have the right to be remunerated as may be determined by the electoral law.

§ 1. Freedom from attack in respect of their opinions and votes does not exempt members of the National Assembly from civil and criminal liability for defamation, calumny and abuse, outrage of public morals, or open incitement to crime.

§ 2. The National Assembly may withdraw the mandates of those deputies who express opinions oppo sed to the existence of Portugal as an independent state, or who in anyway instingate the violent over throw of social and political order.

§ 3. The immunities and privileges set out in b), d) and e) shall only be effective during the actual exercise of legislative functions.

Art. 90. Members of the National Assembly shall forteit their seats in the following circumstances : I) If they should accept any remunerated employment or commission by way of subsidy from the Government or from any foreign government; II) If, being civil or military officers, they should exercise these functions during the actual session of the National Assembly. III) If they should occupy posts of an admi nistrative, executive or inspectional nature otherwise than by government appointment; or as legal or technical advisers in undertakings or companies formed under special State contract or concessions, or which enjoy a State pri vilege not conferred by general law, or which receive a subsidy or guarantee of revenue or interest; IV) If they should enter into contracts with the government; V) If they should act as concessionaires, contractors or partners in firms con tracting for public concessions, public adjudicated contracts or contracts subject to public tender; and also if they should participate in State finan cial operations. § I. The following are excepted from the provi sion laid down in No. I, above. a) temporary diplomatic missions and mili tary commissions or military com mands which do not involve residence away from the mainland ; b) appointments by advancement, legal promotions, acts which confirming temporary appointments as definitive and appointments to equivalent posts arising out of the reorganisation of services ; c) competitive appointments made by the government in pursuance of regula tions, or on the recommendation of bodies legally entitled to recommend or choose officials; as also the appoin tments to posts and commissions only open to a certain class or category of officials.

§ 2. The recognition by the Assembly or its President of the facts referred to in (I) and (II) is equivalent to accepting the resignation.

§ 3- The circumstances mentioned in (IV) and (V), further, render the contracts and acts in question null and void.

CHAPTER III. Of the Attributes of the National Assembly

Art. 91. The functions of the National Assembly are : I) to make, interpret, suspend and revoke laws; II) to safeguard the observance of the Constitution and the laws and to examine the acts of the governement or the administration ; III) to receive the accounts for each financial year, which shall be laid before it together with the report and resolution of the Court of Accounts, if the accounts have been examined by this court, and any other relevant information. IV) to authorise the governement up to the 15th December each year to collect State revenues and to meet public expenditure for the ensuing financial period ; also to determine in the appropriate authorizing enactment the principles which shall govern that part of the budget dealing with expenditure of sums not fixed by previously existing laws ; V) to authorise the government to float loans or other similar operations not included in the floating debt, and to fix the general conditions of the same; VI) Except in the case of actual or imminent aggression by foreign forces, to authorise the Head of the State to make war, (should recourse to arbitration be impossible or of no avail) and to make peace ; VII) in accordance with the provisions of

Art. 8 1 (VII), to approve all international conventions and treaties ; VIII) to declare martial law with total or partial suspension of the constitutional guarantees, in one or more places in the national territory, in the case of actual or imminent agression by foreign forces, or when public order and safety are seriously disturbed or threatened ; IX) to define the boundaries of national territories ; X) to grant amnesties ; XI) to receive addresses from the Head of the State; XII) to discuss the revision of the Constitution, before the conclusion of the ten-year period; 38 XIII) to bestow legislative authority on the government.

Art. 92. Laws voted by the National Assembly must be confined to the examination of the general legal principles of the enactments, but the constitu tional legality of any provisions contained therein may not be impugned on the ground of violation of such principles

Art. 93. The following, however, are perforce deemed to be matters of law : a) the organisation of national defence; b) the establishment and suppression of public services ; c) the weight, value and denomination of the coinage; d) the standards of weights and mea sures ; e) the establishment of banks or issuing houses and the rules governing fiduciary circulation; f) the organisation of the Courts.

CHAPTER IV. Of the activities of the National Assembly and of the promulgation of Laws and Orders

Art. 94 The National Assembly shall be in session for a period of three months, beginning on 25th November of each year, without prejudice to the pro visions of articles 75, 76 and 81 (V).

Sole § The President of the National Assembly, if he considers it proper, may extend the session of the National Assembly for one month and interrupt it without prejudice to the period fixed in this article for the same., provided always that its closure shall not be later than 30th April.

Art. 95. The National Assembly shall meet in full session and its decisions shall be taken by absolute majority vote provided there is a quorum; it may set up permanent committees of its members or form special committees for specific purposes.

§ 1. Plenary sessions are public, unless otherwise resolved by the Assembly or by its President.

§ 2. Committees shall only sit during the session of the Assembly; they may however continue to act if so demanded by the nature of their purpose or by the special object for which they were created.

§ 3. The Ministers and Under Secretaries of State may take part in the sessions of the Permanent Committees.

Art. 96. Members of the National Assembly individually, may refer to, consult, or request information from any official corporation or department in regard to matters of public administration; official departments, however, may not reply without the previous permission of their Minister, who may only lawfully withhold his consent for reasons of state secrecy.

Art. 97. The right to introduce legislations is vested equally in the government, and in any member of the National Assembly; individual members, how ever, may not introduce bills nor propose amendments involving any increase in State expenditure, or any reductions of State revenue created by former laws.

Art. 98. Bills passed by the National Assembly shall be sent to the President of the Republic for promulgation as law within the fifteen days following.

Sole §. Bills not so promulgated shall be returned to the National Assembly for reconsideration and, if they are then passed by a two-thirds majority of its existing members, the Head of the State may maintain his refusal to promulgate them.

Art. 99. Promulgation of laws shall be in the following form : «In the name of the Nation, the National Assembly decrees and I promulgate the following Law (or Order) ».

Sole §. The following shall be promulgated as Orders : a) The ratification of decree-laws ; b) The decisions referred to in Art. 91 (III), (VI), (VII) and (XII) Art. 100. Any motions or bills brought before the National Assembly but not discussed during that session shall be reintroduced during the next session of the Assembly; should they finally be rejected they may not be introduced again in the same Legislative Session, except in the case of a motion for dis solution of the National Assembly.

Art. 101. The regulations of the Assembly shall contain : a) a prohibition to alter the ordei of the day by introduction of fresh matter without at least twenty-four hours previous notice; b) the conditions for introducing bills.

CHAPTER V. Of the Corporative Chamber

Art. 102. There shall be a Corporative Chamber composed of representatives of local autonomous bodies and social interests, the latter being basically those having administrative, moral, cultural and economic functions ; the law shall designate those bodies on which such representation devolves or the method of their selection and the duration of their mandate.

§ r. When vacancies occur in offices whose holders as such have a seat in the Corporative Chamber, the representation of such offices devolves upon those who properly substitute them according to law or by statute. The same principle applies to cases of impediment.

§ 2. Except in the case mentioned in the preceding paragraph, vacancies occurring in the Corporative Chamber shall be filled in same the manner as the original officer was appointed.

§ 3. The provisions of article 89 and its sub sections shall apply to the members of this chamber ; but, the decisions referred to under b), c) and d) of that article shall be substituted by the authorisation or decision of the President.

Art. 103. It is the duty of the Corporative Chamber to report and give its opinion on all proposals or draft bills and on all international conventions or trea ties submitted to the National Assembly, before discussion thereof is commenced by the latter.

§ 1 . The report shall be given within thirty days or within such period as the Government or the Assembly shall fix if the matter concerned is considered to be urgent.

§ 2. Should the time limit referred to in the pre ceding subsection expire before the report has been sent to the National Assembly discussion may proceed immediately.

§ 3. If the Corporative Chamber, while advising on general grounds the rejection of a bill, suggests its replacement by another, the Government or any Deputy may adopt the bill in question, and it shall then be discussed jointly with the original, without reference to the Corporative Chamber. If the latter proposes alterations to a proposal or draft bill, in matters of detail, any of the deputies may support such alterations.

Art. 104. The Corporative Chamber shall function in plenary sessions or in committees ; in the latter case two or more or even all of the committees may meet together if the subject matter under examination so demands.

§ 1 . The President of the Council and the Minster or Under-Secretary of State for Corporations, when in office, the Minister or Ministers concerned or their representatives, and the deputy originating the bill may take part in the discussion regarding same.

§ 2. The sessions of the Corporative Chamber are not public.

Art. 105. The government may consult the Corporative Chamber on general decrees to be published or draft bills to be submitted to the National Assembly; it may decide that the work of committees shall continue or shall be carried out during the adjournments, interruptions or intervals between legislative sessions, and it may request any or all of the commit tees be summoned in order to address a communication to them.

Sole §. The discussion of a draft bill before the National Assembly shall not be dependent upon fresh reference to the Corporative Chamber if the latter has been previously consulted by the government.

Art. 106. The provisions of Art. 86, apply to the Corporative Chamber except that referring to the examination of powers, which shall be the duty of a special commission elected by the Corporative Chamber;

Art. 101, a) and b), shall also apply to the Corporative Chamber; the privileges conferred by Art. 96 on the members of the National Assembly shall likewise apply to committees of the Chamber.

TITLE IV. Of the Government

Art. 107. The Government consists of the President of the Council, who may conduct the affairs of one or more ministries, and the Ministers; the latter shall be substituted by the former, in any official business, whenever Ministers are absent from the main land and temporary ministers have not been appointed to the respective portfolios.

§ 1 . The President of the Council shall be appointed and dismissed at will by the President of the Republic. The Ministers and Under-Secretaries of State, if any, shall be appointed by the President of the Republic upon the recommendation of the President of the Council, who shall countersign their appointments and likewise the resignations of retiring ministers.

§ 2. The functions of the Under-Secretaries of State cease upon the removal of the respective ministers.

Art. 1 08. The President of the Council shall be responsible to the President of the Republic for the general policy of the government and shall co-ordinate and direct the activities of all the Ministers, who shall be responsible to him politically for their acts.

Art. 109. It shall be the duty of the Government : I) to countersign the acts of the President of the Republic; II) to draw up decree laws and, in cases of urgency, to approve international conventions and treaties; III) to draw up decrees, regulations and instructions for the proper carrying out of laws ; IV) to superintend public administration as a whole, ensuring that the laws and resolutions of the National Assembly are carried out, controlling the acts of administrative bodies and of corporate entities of public administrative utility, and doing whatever may be necessary in relation to the appointment, trans fer, resignation, retirement, superannuation, dismissal or reinstatement of civil or military officers, subject to the right of recourse of the parties concerned to the competent courts.

§ 1. Any action by the President of the Republic and the Government which involves an increase or decrease of revenue or expenditure shall be counter signed by the Minister of Finance.

§ 2. Legislative authorisations may not be utilized more than once, except those which by their nature are for repeated use. The Government may however utilize them in stages until they expire.

§ 3. If the Government publish decree laws, while the National Assembly is sitting (except in cases of legislative authorisation) they shall be submitted to the National Assembly for ratification; they shall be considered to have been ratified if during the first ten sessions after publication, a minimum of five deputies have not required such decree laws to be submitted to examination by the Assembly. Should ratification not be granted, the decree law shall cease to have any effect as from the day on which notification to this effect, issued by the President of the Assembly, appears in the Didrio do Governo. Ratification may be granted with amendments. In this event the decree shall be considered as having become a draft bill, without prejudice to its validity, and shall be sent to the Corporative Chamber, unless it has already been consulted.

§ 4. If the law by itself is not capable of practical application the Government will issue appropriate decrees within six months unless the law itself establishes some other period.

§ 5. The appointment of governors of the colonies is made by the Council of Ministers.

§ 6. The appointment, transfer, removal, retirement, pensioning, dismissal or reinstatement of the President of the Supreme Court of Justice, of the Attorney General of the Republic, of Diplomatic or Consular Agents and of Governors General, or Governors of colonies, shall be by decree.

Art. 1 10. Ministers may not exercise any otaer public duties, or any private employment, in addition to their ministerial offices.

§ 1. Ministers shall be subject to the other prohibitions and provisions contained in Art. 90.

§ 2. Members of the National Assembly or of the Corporative Chamber who accept the office of Minister or Under-Secretary of State shall not forfeit their mandates but they may not sit in their respective chambers.

Art. 1n. The Council of Ministers shall meet when its President or the Head of State considers it necessary. When the said President or the Head of the State shall think fit, the meeting shall take place under the presidency of the latter and it shall be obligatory for the Head of the State to preside, when he has to use the powers conferred upon him in Art. 81 (II), (III). (VI), (V), (VI) and (VIII).

Art. 112. The Government depends exclusively upon possessing the confidence of the President of the Republic, and its continuance in office shall not depend upon the fate of its draft bills, or upon any vote of the National Assembly.

Art. 113. The President of the Council shall transmit to the President of the National Assembly the draft bills to be submitted to the latter, together with any explanations requested of the government or which the government may deem appropriate.

Sole § The President of the Council may appear in the National Assembly to give his attention to any matters affecting the higher interests of the nation.

Art. 1 14. Each Minister is responsible politically, civilly and criminally for any acts which he may legalise or carry out; Ministers shall be tried in the ordi nary courts for acts involving civil or criminal liability.

Sole § If any Minister be prosecuted for a criminal offence, the Supreme Court of Justice in full session, the Attorney General of the Republic being present, shall, provided the proceedings have not goue beyond the stage of formally charging the offender, decide whether the Minister shall be tried immediately, in which case his suspension shall be decided on, or whether the trial shall be conducted on the completion of his tenure of office.

Art. 115. Criminal liability attaches to Ministers and Under-Secretaries of State and government agents in respect of any acts directed : I) against the political existence of the nation ; II) against the Constitution and the established political system; III) against the free exercise of their functions by the representatives of national sovereignty ; IV) against the enjoyment and exercise of political and individual rights; V) against the internal security of the country; VI) against the integrity of the administration ; VII) against the custody and constitutional employment of public monies; VIII) against the law dealing with public , accounts. . .

Sole § Conviction for any of these crimes involves loss of office and exclusion from holding public office. .

TITLE V. Of the Courts

Art. 116. The exercise of judicial functions belongs to the ordinary courts and special tribunals. The Supreme Court of Justice and the judicial courts of first and second instance are the ordinary courts, and they shall have such material and territorial jurisdiction as determined by law.

Art. 117. The establishment of special courts with exclusive jurisdiction to try a certain category of crime or certain categories of crimes, is forbidden, unless the crimes are fiscal or social by nature or are against the safety of the State.

Art. 118. The State shall be represented in the courts by the Public Attorney.

Art. 119. Judges of the ordinary courts are appointed for life, and cannot be removed; the conditions of their appointment, promotion, dismissal, sus pension, transfer and nomination outside the cadre shall be fixed by law and they may not accept any other office of profit from the government; this shall not however prejudice their being requisitioned for permanent or temporary commissions. Art. 120. Judges shall not be held responsible for the judgments pronounced by them, except in cases specified by law.

Art. 121. The sittings of the courts shall be public, except in special cases prescribed by law, and whenever publicity would be contrary to good order, the interests of the State, or morality.

Art 122. In the execution of their decisions and judgments, the courts shall have the right to the collaboration of other authorities whenever required.

Art. 123. In cases submitted for judgment the courts may not apply laws, decrees or any other ordinances which transgress the provisions of this constitution or violate the principles herein contained.

§ 1 . The organic or formal constitutional illegality of ordinances promulgated by the President of the Republic may only be called into question by the National Assembly either on its own initiative or on that of the Government, and the National Assembly shall determine the effects of such constitutional illegality, without prejudice however to situations created by causae judicatae.

Art. 124. As a means of preventing and suppres sing crime, penalties and precautionary measures shall be introduced for the protection of society and as far as possible for the social rehabilitation of the offender.

TITLE VI. Of Political and Administrative Divisions and Local Autonomous Authorities

Art. 125. The territory of the mainland is divided into boroughs, consisting of parishes, and grouped into districts and provinces, the boundaries of all such areas being established by law.

§ 1. The boroughs of Lisbon and Oporto are sub divided into wards, and the latter into parishes.

§ 2. The territorial division of the adjacent islands and its administrative organisation shall be the subject of a special law.

Art. 126. Administrative authorities are the Town Councils and the Parish and Provincial Boards.

Art. 127. The administrative activities of local autonomous authorities are subject to scrutiny by government inspectors and the resolutions of their executive committees may be subject to the confirmation or require fhe approval of other bodies or authori ties and be submitted to examination.

Art. 128. In order to give effect to their resolutions, and for other purposes specified by law, administrative authorities shall appoint a President or special sub-committees in accordance with the said law.

Art. 129. Resolutions of administrative authorities can only be amended or annulled in the cases and in the manner prescribed by administrative enactments.

Art. 130. Administrative authorities enjoy financial autonomy under conditions to be determined by law but town councils are bound to divide among the parishes for the purpose of rural improvements, such part of their revenues as are fixed by law.

Art. 131. Systems of local taxation shall be organised in such a manner as to avoid interfering with the general tax or financial organisation of the State, and the circulation of produce and merchandise between different districts of the country.

Art. 132. Administrative authorities may only be dissolved in such cases and in such manner as pre scribed by administrative enactments.

TITLE VII. Of the Portuguese Colonial Empire

Art. 133. The provisions of the Colonial Act shall be regarded as pertaining to the constitution and the Government shall publish the Colonial Act afresh with such amendments as required by the present Constitution.

COMPLEMENTARY PROVISIONS

a) Revision of the Constitution Art. 134. The Constitution shall be revised every ten years and the National Assembly whose mandate coincides with the date of revision shall have constituent powers for the said purpose.

§ 1. The revision may be anticipated by five years if this is agreed to by two-thirds of the National Assembly, and, in this case, the new ten-year period shall be counted from the date of such revision.

§ 2. No motions or draft bills for the revision of the Constitution may be accepted for discussion unless the proposed amendments are clearly defined.

Art. 135. Notwithstanding the provisions of the preceding article, should public interest urgently demand it, the Head of the State, after consulting the Council of State, may by a decree signed by all the Ministers : I) determine that the National Assembly to be elected shall assume constituent powers and revise the Constitution in such parts as specified in the relative decree; II) submit to a national plebiscite the alterations of the Constitution referring to the legislature or its instruments; such approved alterations shall enter into effect as soon as the final results of the plebiscite are published in the Didrio do Governo.

b) Special and Temporary Provisions

Art. 136. A transitional regime shall be adopted for carrying into effect the sole § of Art. .53, with such temporary restrictions as are deemed essential.

Art. 137. Until such time as the corporative organization of the Nation is completed, temporary measures shall be adopted to give effect to the principle of organic representation laid down in Title V of Part I.

Art. 138. The President of the Republic now in office is recognised by this Constitution and his term of office shall be seven years, from the date on which he took office.

Art. 139. The first National Assembly shall have constituent powers.

Art. 140. Laws, and decrees having the force of law, that have been or may be published not later than the first meeting of the National Assembly shall continue in operation and remain in force as laws insofar as they contain nothing explicitly or implicitly contrary to the principles contained in the present Constitution

Art. 141. The laws and decree laws referred to in the preceding article may nevertheless be revoked* by regulating decrees in all matters concerning internal service organisation provided the juridical position of private individuals at law and the statute of Civil Servants are unaffected.

Sole § The restrictions laid down in this article do not include laws and decree laws defining what constitutes legislative matter, nor the exceptions under § 1 of Art. 70 and Art. 93.

Art. 142. Until the necessary laws for the execution of the provisions of Title VI of Part II have been published, local administration shall continue to be governed by existing legislation, including that concerning the appointment and dismissal of the administrative committees of local autonomous authorities.

Art. 143. The present Constitution shall enier into force after being approved by a national plebiscite and as soon as the final results of the latter have been published in the Diario do Governo.

COLONIAL ACT

TITLE I. Of General Guarantees

Art. 1 . All those provisions of the political constitution of the Republic which, of their nature, do not refer exclusively to the mother country, shall be applicable to the colonies, provided they are compatible with the principles set forth in the following articles.

Art. 2. It is part of the essential objects of the Portuguese Nation to fulfil its historical mission of possessing and colonising overseas dominions and of civilising the' native population inhabiting them, as well to influence them by its culture, a function ascribed to it by the «Eastern Padroado».

Art. 3. The overseas dominions of Portugal are termed «colonies» and constitute the Portuguese colonial empire. The territory of the Portuguese colonial empire is that defined in Nos. (II) to (V) of Art. 1 of the Constitution.

Art. 4. The right to personal liberty and security of person and property is guaranteed to nationals and aliens resident in the colonies, within the terms of the law. Both nationals and aliens may be refused entry into any colony, and both may be expelled in accordance with the regulations if their presence gives rise to serious inconvenience of a domestic or international character. Their only appeal against such decisions is to the Government.

Art. 5. The component/ parts of the Portuguese Colonial Empire stand together as one, with each other and with the mother country.

Art. 6. The principle of solidarity of the Portuguese Colonial Empire involves in particular the obligation of contributing in an adequate manner towards securing the aims of all its members and the integrity and defence of the nation.

Art. 7. The State shall not- alienate in any manner any part of the colonial territories and rights of Portugal, without prejudice to the rectification of frontiers when approved by the National Assembly.

Art. 8. In the colonies a foreign government may not acquire any land or building for the housing of its consular mission, except after authorisation by the National Assembly and in a place the choice of which is accepted by the Minister for Colonies.

Art. 9. The following are not permitted : I) concessions of land bordering the sea coast, whether inside or outside bays, within a continuous zone of eightv metres from the maximum level of high tide: II) concessions of land bordering navi gable lakes and rivers open to inter national navigation, within a continuous zone of eighty metres from the normal level of the waters ; III) concessions of land within a distance of not less than one hundred metres on either side of the area of constructed or projected railway stations; VI) other concessions of land which are forbidden under laws at present in force or which may be promulgated hereafter.

Sole § In exceptional cases when expedient in the interests of the State : a) the temporary occupation of plots of land situated within the zones mentio ned in Nos. (I), (II) and (III) of this article may be permitted, according to the law; b) the said plots may be situate within the area of inhabited places by law with the express approval of the Government after consultation with the departments concerned; c) concessions may be made in conformity with the law in respect of plots thus included within the area of inhabited areas, the express approval of the Government after consultation with the departments concerned being likewise an essential condition.

Art. 10. In areas intended for coastal settlements in the colonies or for their natural expansion, concessions or sub-concessions of land shall be subject to the following rules : I) they may not be granted to aliens without the approval of the Council of Ministers ; II) they may not be granted to any individuals or companies except for improvements which they have to make to their urban, industrial or commercial establishments.

§ I. Private transfers of ownership of land are not conditional upon the previous authorisation of the Government. If, however, the transfer is contrary to the terms of Nos. (I) and (II) it may be cancelled by simple order of the Governors-General or Colonial Governors published in the Boletins Oficiais within six months of the month in which they shall have become acquainted with the fact, without prejudice to cancellation at any time, by ordinary means under the pro visions of the following paragraph.

§ 2. The rights secured to the State by this and the preceding article cannot be the subject of prescription.

§ 3. The areas of coastal settlement and those intended for their natural expansion shall be deter mined by notice published in the Boletim Oficial of the colony concerned.

Art. n. In future the administration and exploitation of commercial ports in the colonies are reserved to the State. A special law shall deal with the exceptions which are to be allowed in each port in respect of certain establishments or services.

Art. 12. The State shall not grant to individual or collective enterprises in any colony : I) the exercise of the prerogative of public administration; II) the right of establishing or fixing any imposts or taxes, even though it be in the name of the State; III) the right of possessing lands or areas for prospecting with power to grant such concessions to other enterprises.

Sole § In any colony in which at present there exist concessions of the nature referred to in this article, the following rules shall be followed : .— a) they may not be prorogued or renewed either wholly or in part ; b ) the State shall exercise its rights of rescission or redemption under the terms of the laws or contracts appli cable ; c) the State shall aim at the complete administrative unification of the colony.

Art. 13. Concessions granted by the State, even though developed with foreign capital, .shall always be subject to conditions to ensure nationalisation and' to protect the other interests of the economic system of the Colony. Special enactments shall be passed having the same object in view.

Art. 14. Rights acquired before the present date are excepted from the application of Articles 8, 9, 10. 11 and 12.

TITLE II. Of the natives

Art. 15. The State guarantees the protection and defence of the natives of the colonies in accordance with the principles of humanity and sovereignty, with the provisions of this. Title and with such international conventions as are at present in force or may come into operation. The colonial authorities shall prevent and punish in accordance with the law all abuses against the per sons and property of natives.

Art. 16. The State shall establish public institutions and encourage the creation of private institutions, in both cases Portuguese, to uphold the rights of or to render assistance to the natives.

Art. 17. The law guarantees to the natives, as specifically provided, the ownership and possession of their lands and crops, and this principle must be respected in all the concessions granted by the State.

Art. 1 8. The labour of natives in the service of the State or in that of the administrative bodies shall be remunerated.

Art. 19. The following shall be prohibited: I) all systems under which the State undertakes to furnish native labourers to &ny enterprises working for their own profit; II) all systems under which the natives in any territorial area are compelled to work for such enterprises no matter under what heading.

Art. 20. The State may only compel natives to work on public schemes of general benefit to the community, in occupations the proceeds of which belong to them, in execution of judicial decisions of a penal nature or for the fulfilment of fiscal obligations.

Art. 21. The system of labour contracts with natives shall be based on individual liberty and on the right to a fair wage and assistance, the public authorities intervening only for purposes of supervision.

Art. 22. Attention shall be paid in the colonies to the stage of development of the native people. There shall be special statutes regarding natives, and these under the aegis of Portuguese public and private law, shall establish juridical rules in keeping with their individual, domestic and social usages and customs, provided that these are not incompatible with public morals and with the dictates of humanity.

Art. 23. The State shall ensure liberty of con science and the free exercise of the various religions in all its overseas territories, subject only to such restrictions as are necessary by reason of the rights and interests of Portuguese sovereignty, the maintenance of public order and the observance of international treaties and conventions.

Art. 24. The Portuguese Cafliolic missions over seas, which are instruments of civilisation and national influence, and all establishments for the training of staff for service therein as well as in the Portuguese padroado, shall enjoy juridical personality and shall be protected and assisted by the State, as educational institutions.

TITLE III. Of the political and administrative system

Art. 25. The colonies are governed by special enactments as provided for in this Title.

Art. 26. Administrative decentralisation and financial autonomy are guaranteed to the colonies so far as compatible with the Constitution, with the state of their de development and with their own resources, without prejudice to the provisions of

Art. 47- Sole § The political unity of each colony shall be maintained by the existence of a single capital and of a single General or Colonial government.

Art. 27. The following measures are the exclusive prerogative of the National Assembly, after proposal by the Minister for Colonies and submission in accordance with Art. 1 13 of the Constitution. ' I) enactments establishing or altering the form of government of the colo nies; II) enactments which include; a) the approval of treaties, conventions or agreements with foreign nations; b) the authorisation of loans or other con tracts involving the provision of security or special guarantees ; c) the definition of the powers of the metropolitan and colonial governments in relation to the area and duration of concessions of land or other concessions involving exclusive or special privileges.

Sole § In cases of extreme urgency, the government with the assent of the Council of the Colonial Empire voted at a meeting presided over by the Minister for the Colonies, may legislate on the matters mentioned in No. (I) and in (a) and (b) of No. (II) of the present article, when the National Assembly is not in session.

Art. 28. Any enactments other than those specified above shall be within the province of the Minister for the Colonies or of the Government of the colony, in accordance with the provisions of the enactments referred to in No. (I) of the foregoing article, The following, however, is laid down : I) it is the duty of the Minister for the Colonies to establish the colonial military organisation according to the needs of national defence and without prejudice to special requirements; II) agreements or conventions which duly authorised colonial governments negotiate with other colonies, Portuguese or foreign, shall be subject to the approval of the Minister for the Colonies; III) colonial governments may not establish or modify regulations relating to matters included in Articles 15 to 24 and No. (I) of this article.

§ 1 . The question of whether the principles included in the respective enactments are constitutional shall not be discussed under the pretext that thev infringe the first part of the present article. r

§ 2. Enactments published during such period as the Minister for the Colonies is the competent authority, shall be in the form of decrees promulgated and countersigned as provided for in the Constitution, unless the Minister is absent in the colonies on official business.

§ 3. The normal legislative powers vested in the Minister for the Colonies shall be exercised after consultation with the Council of the Colonial Empire, save in cases of urgency or other cases excepted by law. This Council shall be the highest consultative body in respect of matters of colonial policy and administration and it shall fulfil, as provided by law, the functions of»Supreme Administrative Tribunal in relation to the Portuguese Colonial Empire.

Art. 29. Colonies shall only be governed by Colonial Governors-General or by Colonial Governors and neither may be entrusted in any way with powers which under the Colonial Act properly belong to the National Assembly, the Government or the Minister for the Colonies, save such limited powers as may he granted to them by rightful authority in connection with certain specified matters in exceptional circumstances.

Sole § No persons who are interested as directors or managers of enterprises having their headquarters or economic activities in a colony may be appointed Governors of that territory.

Art. 30. The legislative power of Colonial Governors, within their proper spheres, shall always be exercised under the supervision of the mother country, and as a rule with the consent of the Government Councils, provided that on these there is adequate representation in relation to social conditions.

Art. 3.1. In each colony the exercise of executive powers by the governor shall be subject to the super vision of the Minister, for the Colonies; and in cases coming under the enactments mentioned in No. (I) of

Art. 27, the governor shall be assisted by a consultative body composed of members of the Government Council.

Art. 32. Municipal and local administrative institutions shall be represented in the colonies by Municipal Chambers, Municipal Comissions and Local Boards according to the importance, state of development and European population of the respective area. *

§ 1. The creation or abolition of Municipal Chambers is an attribute of the Governor of the Colony acting upon a vote of the Government Council and the express approval of the Minister for the Colonies.

§ 2. Foreigners permanently resident in a colony for a period of not less than five years and who are able to read and write Portuguese, may become members of the Municipal Chambers or Commissions and Local Boards provided they do not exceed one-third of the total number of members.

Art. 33. It shall be a supreme duty and matter of honour for the Governor, in each of the Portuguese dominions, to uphold the sovereign rights of the nation and to promote the welfare of the colony in accordance with the principles laid down in the Colonial Act.

TITLE IV. Of economic and financial guarantees

Art. 34. The mother country and the colonies, owing to their moral and political ties, have as the basis of their economic existence a natural community and solidarity which is recognised by law.

Art. 35. The economic systems of the colonies shall be established in accordance with the needs of their development, of fair reciprocity of treatment between them and neighbouring countries, and of the rights and legitimate requirements of the mother country and the Portuguese colonial empire.

Art. 36. It shall be the particular duty of the mother country, without prejudice to its guarantee to decentralize, to give effect in its decisions to the requirements of interest which, in accordance with the foregoing article, are considered as relating to the eco nomic systems of the colonies as a whole.

Art. 37. Each of the colonies possesses juridical personality, with power to acquire property, contract and take legal proceedings.

Art. 38. Each colony shall have its own assets and liabilities, and shall entitled to dispose of its revenue and be responsible for its expenditure, as well as for its acts, contracts and debts, as may be defined by law.

Art. 39. The movable and immovable property situate in each colony and not belonging to others, property which the colony may have lawfully acquired elsewhere; public and private securities which the colony may hold at present or in the future; the dividends, annuities or interest and shares in profits or of any other nature which may be due to the colony shall be considered as its own property.

Sole § Shares and bonds of concessionary companies belonging to a colony may only- be transferred or pledged to the National Treasury or the «Caixa Geral de Depositos, Credito e Previdencia» and the proceeds derived therefrom as a result of any financial operation may also be transferred only to the same institutions.

Art. 40. Each colony shall have its own separate budget drawn up according to a uniform plan and in accordance with the principles laid down in Articles 63 and 66 of the Constitution.

§ 1. The general budget of each colony shall include only receipts and expenditure permitted by law and it shall not come into force without the consent or approval of the Minister for the Colonies.

§ 2. If the provisions do not come into effect at the beginning of the financial year, the preceding year's budget and the credits sanctioned during that year to meet new permanent charges shall continue provisionally in force on a temporary basis from month to month, but only in respect of ordinary expenditure.

Art. 41. The enactements referred to in No. (I) of art. 27 shall provide for : * . I) expenditure chargeable to the account of the colonies and that chargeable to the mother country. II) the rules and restrictions to which colonial governments shall be subject by way of safeguard for their finances.

Art. 42. Accountancy for colonial matters shall be organised in the same manner as that relating to the affairs of the mother country with such modifications as may be required by special circumstances.

Art. 43. The colonies shall forward their annual accounts to the Minister for the Colonies within the periods prescribed by law.

Art. 44. The mother country shall afford financial assistance to the colonies against proper guarantees.

Art 45. The colonies may not contract loans in foreign countries.

Sole § When it is necessary to have recourse to foreign markets to obtain capital for the administration of a colony, the financial operation shall be concluded on account of the mother country exclusively and the colony shall not assume any responsibility towards the said markets ; it shall however assume full liability to the mother country and provide adequate guarantees.

Art. 46. The rights of the Treasury of the mother country or of the «Caixa Geral de Depositos Credito e Previdencia» in connection with the past or future debts of the colony cannot be the subject of prescription.

Art. 47. The financial autonomy of the colonies shall be subject to such provisional restrictions as may be necessary should a serious situation arise in regard to their finances or should there be a danger of their affecting the finances of the mother country.