Provisional Monarchic Constitution
The Royal House of Portugal, the Dukedom of Bragança,
its territory, religion, government and Dynasty.
The Royal House of Portugal constitutes a social and democratic association by rights that supports freedom, justice and equality as spiritual values.
The Royal House of Portugal is a declared Sovereign State of peace, temporarily without the territory. Its aim is to bring economic, cultural, touristic, historical and any other type of benefits of valid contribute to the Portuguese State and the institutions coexisting within it.
The Royal House of Portugal, in order to exercise its independence as a Sovereign State, temporarily without the territory and establish free and peaceful relations with all the nations in the world, will institute "missions" of several Dynastic Chivalry and Crown Orders for humanitarian help and improvement of life conditions, everywhere on the earth where those missions can be of help as well as welcome by the nation in cause.
The Constitution lies on the indissolubility of the Royal House of Portugal.
In fact the Royal House has been established to be a "State of the world", temporarily without territory, that will be achieved only under close observance of the Portuguese State Laws.
Portuguese is the official language of the Royal House.
Acquired rights, uses and privileges granted or recognised to the chivalric orders of the Royal House by the Popes will remain unaltered.
The territory of the Royal House of Portugal is meant to be the one where the Dukedom of Bragança will settle.
The Religion of the Royal House of Portugal is the Roman Catholic Apostolic one.
The Regime adopted by the Royal House of Portugal is that of a representative and hereditary Monarchy.
The representative Dynasty comes from the most Serene House of Bragança, now continuing for Dom Rosario I, Head of the Royal House.
Fundamental Rights and duties
Discriminations of birth, race, sex, religion, opinion and of other personal or social circumstances are not allowed.
Everybody has the right to life and to a moral and physical integrity; in any case, no one can be submitted to torture or to inhuman or degrading treatment or penalties.
Freedom of ideology, religion and worship is guaranteed to all individuals.
Everyone has the right to freedom and security.
The right to protect personal and familiar intimacy and one's own image are guaranteed.
A decree will limit the use of informatic and electronic means in order to guarantee the citizens honour, their personal and familiar intimacy, and the entire exercise of their rights.
The following rights are recognised and protected:
- The right to freely express and divulge one's thoughts, ideas and opinions through words, writings or any other means of reproduction.
- The right to literary, artistic, scientific and technical production and creation.
- The right to freely communicate and receive information through means of discussion.
It is recognised the right to peaceful gatherings exercised through legally constituted associations.
Everyone has the right to education whose objective will be the full respect of human personality according to the democratic principles of sociability and its rights and fundamental freedoms.
THE RIGHT AND DUTIES OF THE CITIZENS OF ROYAL HOUSE
Citizens have the right and duty to defend the Royal House of Portugal
An entity may be created for civil service in order to deal with general, national and international interests and, particularly, with the most serious catastrophes and public calamities.
It is recognised the right to health.
The sovereignty resides essentially in the citizens of the Royal House, from whom all political powers emanates. For no reason shall the Royal House interfere with internal political problems of the Portuguese State.
Political powers are essentially independent: No one may claim attributions of other.
COURTS AND THEIR CONTRIBUTIONS
The Courts are composed of two chambers:
The competencies of the Courts are :
- To watch after the observance of the Constitution and to promote the welfare of the Royal House;
- To take an oath to the Head of the Royal House, to the Regency and to the Royal House;
- To recognise the Royal Prince as successor to the Crown at the first gathering after His Birth;
- To name the tutor of the successor of the Crown, underage, in case of His Father's death, if He has not been named by will;
- To grant or deny foreigners' admission to the Royal House;
- To grant or deny Constitutional charges to foreigners;
- To authorise the Government of the Royal House to get loans for the establishment of the territory where the Dukedom of Bragança will settle;
- To control the administration of the assets of the Royal House.
Both Chambers, at the opening of the ordinary session will verify the Constitutional observance
Both Chambers have the right to proceed through Inquiry Commissions to examine problems of their own competence
None of the Chambers will reach a decision without the presence of the majority of all its members.
Every year, an ordinary Session of the Courts will take place.
The opening Session will always be celebrated on the second day of January.
Both Chambers will form the General Courts briefly named "the Courts"; When the Chambers are in Session, Senators will seat on the right and Deputies on the left.
Both Chambers elect their President, Vice-President and Secretaries.
All Sessions of the Chambers will be public, except those, which the Head of the Royal House demands to be secret.
When both Chambers are gathered, the President of the Senator's Chamber leads the Session.
No one can be at the same time a member of both Chambers.
Senators and Deputies are inviolable for their opinions and votes in the Courts.
Senators and Deputies may be named Ministers and Secretaries of the Royal House.
When, for the welfare of the Royal House a Senator or Deputy is required to leave the Courts for another service, the respective Chamber will have to authorise him.
CHAMBER OF DEPUTIES
The Chamber of Deputies is elected for five years.
It is attribution to this Chamber to verify accusations against the Ministers and Secretaries of the Royal House.
CHAMBER OF SENATORS
The Chamber of Senators is elected for five years.
The number of Senators will be, at least, equal to half of the number of Deputies.
The Royal Prince, at 18 years of age, is Senator by right.
Attributions of the Chamber of Senators are:
- To be acquainted with any personal crimes committed by Ministers and Secretaries of the Royal House, by Senators and Deputies.
- To be acquainted with responsibility of Ministers and Secretaries of the Royal House.
PROPOSALS, DISCUSSIONS AND PROMULGATION OF BILLS
The proposal, discussion and approval of bills is competency of either Chambers.
Ministers and Secretaries of the Royal House may take part in the discussion of the Chambers, but will only vote in the one they are members of.
The various bills passed from the one Chamber will be sent to the other; If the latter does not give its approval, then they will be rejected, modified and sent back to the former Chamber.
When the Chamber where the bill originated from does not approve of its changes, and yet is convinced of its usefulness, the project will be examined by a mixed Commission of Senators and Deputies, in equal number.
What the Commission decides shall be considered as a new bill, ready to be approved or rejected by either Chamber.
The discussion of the new bill shall begin in the Chamber where it originated from for the first time.
When both Chambers agree to a bill, the last to pass it, shall transform it into a Decree and shall submit it to the signature of the Head of the Royal House.
The bills that according to the previous articles shall be modified by the Chamber of Senators must pass to the Chamber of Deputies that conclusively shall transform them into Decrees and submit them to the signature of the Head of the Royal House.
When the Decree has been sanctioned, it shall be promulgated according to the following formulas:
"Dom …………, by the Grace of God and by Monarchic Constitution, Head of the Royal House of Portugal and of the Algarves etc., we make public notice to all those who have read and heard what the Courts have decreed, and we have sanctioned the following Decree: (the integration of the Decree just in its dispositions) Therefore we send it to all the Authorities who are in charge of the knowledge and execution of the referred Decree, so that they may have it read and entirely observed in its contents.
The Minister Secretary of the Royal House"
Senators and Deputies' nomination is made by election and partly by wish of the Head of the Royal House.
At the elections, all the citizens of the Royal House who enjoy their civil and political rights, have the right to vote at the age of 18 for the Deputies' elections and at the age of 25 for senators' election.
Everyone who can vote, including naturalised foreign citizens who are part of the Royal House, may be candidate for Deputy.
Archbishops, Bishops, Capillary Vicars and Temporal Governors;
Solicitors of the Royal House
Ambassadors, extraordinary messengers and plenipotentiary Ministers, with at least of five years of exercise in the diplomatic career can not be elected.
EXECUTIVE POWER OF THE HEAD OF THE ROYAL HOUSE
The Head of The Royal House of Portugal is the symbol of its unity and permanency, it arbitrates and moderates the regular working of the Institutions, it assumes the House Highest representation in international relationships especially with Nations of Historical community, it exercises functions expressly attributed to him by the Constitution and the Head of the Executive Power, and it shall exercise them through Ministers and Secretaries.
It is competency of the Head of the Royal House:
- To name the council of the Crown which only provisionally and in absence of the provided organisms, holds all powers conferred to the Head of the Royal House, with Royal Decree, and provided by the Constitution;
- To sanction and promulgate Decrees;
- To convened extraordinarily in Courts, as well as prorogue and adjourn their convocation.
- To dismiss the Chamber of Deputies.
- Once the Chamber of Deputies is dismissed, elections shall take place.
- The dissolution Decree will contain necessarily the determination of new elections to take place within 30 days, and the convocation of the Courts to gather within 20 days, otherwise it will be invalid and of no effect.
Competencies of the Head of the Royal House are:
- To freely name and dismiss Ministers and Secretaries of the Royal House;
- To name Ambassadors, and Diplomatic and Commercial Agents;
- To provide for ecclesiastical benefits.
- To concede documents of naturalization and exclusive privileges on behalf of whom shall demand them;
- To concede nobility and honorary titles as well as distinctions like rewards for services given in favour of Royal House and its members;
- To promote Foundations, Associations and Entities of any nature, either national or international;
- To promote peaceful international Institutions;
- To run political affairs together with foreign nations;
- To establish alliances, subsides and trade treaties;
- To propose and name a candidate for the Government presidency him, as well as to put an end to his functions in the terms provided by the Constitution;
- To transmit to the members of the Government the proposals or nominations of the President, already made by himself;
- To accept, if this is the case, Decrees issued by the Council of Ministers;
- To preside the Sessions of the Council of Ministers, whenever he thinks is suitable;
- He is the High Patron of the Royal Academy.
The Head of The Royal House, through his Minister of Foreign Affairs, gives credit to Ambassadors and other Diplomatic representatives and issues on their behalf Diplomatic Passports. The foreign representatives at the Royal House will be given credit according to their procedures.
It is up to the Head of the Royal House to consent to international binding treaties, according to the Constitution and the Royal Decrees.
The Acts of the Head of The Royal House will be transmitted through the President of the Government, or in his substitution, through the competent Ministers;
The persons who report the Acts of the Head of the Royal House will be responsible for them;
The Head of the Royal House appoints and dismisses the members of his House.
The Head of The Royal House may not:
- Impede the elections of the Deputies and Senators;
- Oppose the sitting of the Courts on the second day of January every year
The Person of The Head of The Royal House of Portugal is inviolable and holy and is not subject to any responsibility.
His titles are: King of Portugal and of the Algarves and overseas; Lord of Guinea, of Conquista, Arabia, Persia and India etc. He is addressed as: His Most Faithful Majesty.
The successor of the Head of the Royal House, when Both Chambers are in Session, and before the President of the Chamber of Senators, will take the following oath:
"I swear to maintain the Roman Catholic Apostolic Religion; To observe and have it observed the Constitution of the Royal House of Portugal."
THE ROYAL FAMILY
The Heir of the Crown has the title of "Prince of Beira", and his firstborn the title of "Prince Royal"; the second born has the title of "Prince/Princess of Portugal". They are addressed as "Royal Highness". All others have the title of Infants and are addressed as "Highness".
The Heir, at 18 years of age, both Chambers assembled and before the president of the Chamber of Senators, will take the following oath:
"I swear to maintain the Roman Catholic Apostolic Religion; To observe the Monarchic Constitution of Portugal and to be loyal to the laws and to the Head of the Royal House."
The Head of the Royal House, together with the Courts, will grant to his wife an annual Donation suiting with the decorum of her high dignity.
The Head of the Royal House, together with the Courts, will grant an annual Donation for maintenance and other to the Royal Prince and Infants at six years of age.
When the Princess or Infants marry, the Head of the Royal House, with consent of the Courts, will provide them with a wedding dowry, ceasing their right to maintenance.
The Donation, the maintenance and others to which the previous articles refer to will be paid by the treasure of the Royal House.
THE SUCCESSION TO THE CROWN
The succession to the Crown follows the order of progeny. The representatives of the descendants of queen D. Maria II, always preferred: The previous lineage to the posterior one; In the same lineage, the nearest degree to the furthest one; In the same degree the male sex to the female one; When the sex is the same, the elder person to the younger one.
If the legitimate Heir cannot succeed for mental or physical infirmity or cannot assure the succession for impediments of personal order, or offers no guarantees of respect for the laws and traditions of the Royal House, or by any circumstances cannot exercise his functions, the Head of the Royal House may name an Heir out of the legitimate succession.
Once extinguished the descendent lineage of Dom Rosario I, current Head of the Royal House, the Crown will pass to collaterals. Once every lineage of descendants and collaterals,is estingueshed the Courts shall call to the throne a very noble Portuguese or foreign person, safeguarding the eventual bequest of the Head of the Royal House. In any case, the new succession will follow what has been established in article 68.
The collateral lineage of ex-Infant Dom Miguel and all his descendants is perpetually excluded from the succession.
If the Crown successor is of the female sex, the Consort will take no part in the Royal House Government and will be addressed as "King Consort".
The person who, having the right to succeed to the throne, marries against the express prohibition of the Head of the Royal House, can be excluded from the succession to the Crown, as well as all his/her descendants.
The abdication and the denouncement, or any other situation that occurs in the Crown succession will be solved through special Decrees issued by the Head of the Royal House.
REGENCY IN MINORITY AND IMPEDIMENT OF THE HEAD OF THE ROYAL HOUSE
The Head of the Royal House is under age until the age of 18.
During minority the Regency shall be conferred to a relative who shall exercise it until the Head of the Royal House reaches adult age.
When the Head of the Royal House cannot rule for physical, moral or psychic reasons, Regency will immediately pass over to his successor if he has reached adult age.
If the immediate successor has not reached adult age, regency will be conferred according to the dispositions issued in article 75.
If the election of the regent is proved to be impossible, the leadership of the Royal House will pass over to a temporary regency composed of two older Ministers and Secretaries of the Royal House and presided by the closest relative to the Head of the Royal House.
The Regent or the temporary Regency will take an oath as mentioned in article 62, except for the clause on loyalty to the Head of the Royal House.
The temporary regency has limited powers.
The Acts of the Regency or of the Regent will be issued in the name of the Head of the Royal House.
Neither the Regency nor the Regent will have responsibilities.
In the event that the Constitution orders to proceed to the Regent's election, if the temporary Regency does not decree the extraordinary sitting of the courts within three days, it is up to the current Presidents and Vice Presidents of the Chambers of Senators and Deputies to convoke it.
If within 15 days the convocation has not taken place in the above-mentioned terms, the Courts will gather on the twentieth day with exempt on convocation.
During the Head of the Royal House's minority, his guardian will be that one who is named in his Father's will; In his absence the Courts will name a suitable person as a Guardian a suitable person of the Royal House.
When the Head of the Royal House is under age and succeeds to his mother, She will be His Guardian.
The Guardian of the Head of the Royal House may be neither his immediate successor nor the Regent.
During his minority, the successor to the crown may not marry without the consent of the Head of the Royal House.
All the Acts of the executive power with the signature of the Head of the Royal House must always be notified to the competent Secretary minister of the Royal House, otherwise those Acts will not be effective.
The Secretary Ministers of the Royal House are mainly responsible for:
- Inobservance of the Constitution;
- Abuse of power;
- Dissipation or bad use of the Royal House assets.
The order of the Head of the Royal House, verbal in written, does not protect Ministers from their responsibilities.
Foreigners named Secretary Ministers of the Royal House, automatically acquire naturalization.
All members, people and associates of the Royal House must defend the independence, the integrity and the Constitution.
ELABORATION OF DECREES AND LAWS
Within 15 days, the Head of the Royal House shall sanction Decrees and Laws approved by the General Courts; He shall promulgate them and order their immediate effect.
The Head of the Royal House, by his own will or through the government President's proposal, previously authorised by the Congress of Deputies and Senators, may order a referendum for decisions of particular importance.
An organic Royal Decree will regulate conditions and procedures to be followed in the referendum.
The Judicial power of the Royal House is exercised through the judges and the jury. The judges, by right, shall be named by the Head of the Royal House. Justices of the peace shall also be appointed by the Head of the Royal House.
TERRITORIAL AND ADMINISTRATIVE GOVERNMENT
The Royal House may be organised territorially. All the Entities will be autonomous of their own interests.
THE CONSTITUTIONAL COURT
The Constitutional Court of the Royal House is composed of six members appointed by the Head of the Royal House; Two of them are appointed on the proposal of the Congress, two on the proposal of the Senate and two on the proposal of the Government, all by majority. The Head of the Royal House, if he thinks it is suitable, may appoint, by his own will, three of the members.
The members of the Constitutional Court shall be appointed among magistrates, law professors, qualified jurists who have been practising for more than five years.
The members of the Constitutional Court of the Royal House shall be appointed for a three-year term, by Royal Decree, and may be reconfirmed.
Considering the delicate function, being a member of the Constitutional Court, does not allow to have:
- Any representative mandate
- Any political or administrative charge
- Any leading function in a political party or syndicate, or simple position in their services.
The members of the Constitutional Court will be independent and inflexible during their mandate. Only the Head of the Royal House, for serious reasons, may remove, suspend or banish them.
The Head of the Royal House is the President of the Constitutional Court by right.
The Constitutional Court is qualified to know:
- Appeals of unconstitutionality against prescriptive norms;
- Appeals for violation of rights and freedom above mentioned in this Constitution, according to the cases and forms the Decrees shall establish.
The President of the Government, the defence lawyer, 30 Deputies, Senators and all juridical persons who invoke a legitimate interest, have legitimacy to interpose a veto on appeals of unconstitutionality.
In any case, an organic Royal Decree shall determine the legitimate persons and organisms.
The decisions of the Constitutional Court will be made generally known. They will be valid as "RES JUDICTA" from the day following their publication and no appeal against them will be possible.
An organic Royal Decree will regulate the working of the Constitutional Court, the Statutes of its members and the condition to exercise.
By Royal Decree it is possible to authorise the celebration of treaties whose exercise of competencies provided by the Constitution is attributed to an organization or to an international Institution.
It is up to the Head of the Royal House or, in case of His express renunciation to the General Courts, to Crown Council, or the Government, or to the Entities of the Royal House created already, such as FO.C.RE.P. and as A.C.RE.P., or to be created, depending on the matters, to guarantee the achievement of these treaties and resolutions emanated from the National and International organisms, holders of the titles.
The celebration of an international treaty, which contains stipulations contrary to the Constitution, shall require a Royal Decree for authorisation and a successive Constitutional revisions.
International treaties validly celebrated, once published officially, shall form part of the internal Order of the Royal House.
They can be suspended, according to the general norms of international Law.
The projects of constitutional reform shall be approved by the majority of both Chambers or by majority of a special created Commission, composed by Deputies and Senators who will present a text to be voted. The commission may be modified, in absence of the above-mentioned Organisms, by the Head of the Royal House, once heard the opinion of the Crown Council.
INTERNATIONAL COURT OF ARBITRATION OF THE ROYAL HOUSE OF PORTUGAL
Due to the increasing relations of peaceful interests among States aiming to full solidarity and to an international Order, it is more and more evident the intensification of private relationships among persons; physical and juridical ; beneficiaries of the international interchange.
In such a period of effective diffusion it is obvious to have a rising of conflicts of manifestations of will, therefore the demand for justice is increasing; Thus, the need to submit reasons of conflict to impartial organisms in order to obtain a right solution in short times.
It is known from common and general experience, that appealing to Public Jurisdiction or State Judiciary Power, does not achieve those results and decisions that private interests demand, since the Judiciary Service has a structure that may not face with always increasing incumbencies.
So it is necessary to push VOLUNTARY JURISDICTION for the procedures of arbitration: recognised from International treaties and practised according to unique legislation, it accomplishes the regulating functions of private controversies on present rights, acting, however among limited programs of territorial competence and subject to the State Judiciary Authority.
It is, therefore, constituted the "International Court of Arbitration of the Royal House of Portugal", in order to achieve peacefully, intents and laborious sociability among states aiming to an International Order even in the field of Voluntary Jurisdiction.
This Court, under Solicitation, will deal with giving an equal and prompt decision on the matter object of transaction or remission, through procedures of Arbitration regulated by norms universally accepted.
The Court will be composed of Judge-Arbitrators with a proper experience, coming from any nation or designated "Honoris Causa".
The Court is for two phases of Jurisdiction: The National one where conflicts emerge: here it deals with investigating and probating tasks; and a decisional one at the headquarters of the Royal House of Portugal.
The arbitrary sentence is definite, and so the parties commit themselves to request and accept it in the Jurisdictional seat; nevertheless, appeals can be presented against it before the two reunited sections.
The international Court of Arbitration of the Royal House of Portugal provides, under request of public and private organisms, to give opinion on matters referring to local and international Law.
THE POWERS OF THE CROWN COUNCIL
All the Constitutional powers attributed to the Institutions of the Government of the Royal House, provisionally non elected, belong to Crown Council.
For the approval of any Act, Decree or other that refers to the Constitution, the majority of the votes is necessary.
Majority means the favourable vote of half of the numbers of councillors plus one.
The vote of the Head of the Royal House is decisive.
When any of the above mentioned Institutions fully exercise its powers, the Crown Council will carry out only its normal functions of control.
CONFLICTS IN LAW
Principles, norms and customs accepted by the Royal House of Portugal will integrally respect the norms of public order of the Portuguese State.
In case of conflict between the Royal House Law and the Portuguese one, the latter will prevail.
THE CONSTITUTIONAL ORDER OF THE PORTUGUESE STATE
The Royal House of Portugal recognises full political and juridical legitimacy to the constitutional options of the Portuguese nation, accepting namely the State of Democratic Law that characterises the Juridical Order.
The Royal House of Portugal is contrary to the unconstitutional alteration of the Institutions and to violent and illegal resolution of any conflict.
This New Provisional Constitution will come into effect at the same day of the Notarial Act with Public Act of the Royal Decree of Promulgation. It shall be published in the Portuguese, Italian, French and English languages.
ACCEPTANCE AND OATH OF THE HEAD OF THE ROYAL HOUSE
I accept and swear to observe and have observed the decreed Provisional Monarchic Constitution.
I sent it to all parties to take notice of and have it executed in all its contents.
Dated: in Lisbon, December 1 ST , 1988.
ROSARIO DUKE OF BRAGANçA
HEAD OF THE ROYAL HOUSE
OF PORTUGAL AND OF THE