Constitution of Greece

Constitution of Greece
Name	Constitution of Greece
Jurisdiction	Hellenic Republic
Date ratified	11 June 1975
Date effective	11 June 1975
System	Unitary Parliamentary republic
Branches	Three (Executive, Legislative, Judiciary)
Chambers	Unicameral
Executive	President (ceremonial), Prime Minister (head of government)
Courts	Supreme Civil and Criminal Court, Council of State, Court of Audit
Federalism	Unitary
Date last amended	2019
Location of document	Hellenic Parliament
Writer	Fifth Revisionary Parliament

Constitution of Greece. It is the supreme law of the Hellenic Republic, establishing the structure of government, delineating the rights of citizens, and defining the relationship between state powers. Adopted in 1975 following the fall of the military junta, it has been revised three times, most significantly in 1986 and 2001. The document enshrines Greece as a parliamentary republic, with sovereignty vested in the people and exercised through elected representatives.

History and development

The current text emerged from the political transition after the Metapolitefsi, superseding the prior constitution of 1952. Its drafting was undertaken by the Fifth Revisionary Parliament of the Hellenes, elected in 1974, which was dominated by New Democracy under Constantine Karamanlis. This process was influenced by the legacy of the Greek Civil War, the Regime of the Colonels, and the desire to strengthen democratic institutions, drawing lessons from the National Schism. Earlier foundational texts include the constitution of 1822 during the Greek War of Independence, the Constitution of 1864 which established a crowned democracy, and the Constitution of 1911 introduced by Eleftherios Venizelos. Major revisions occurred in 1986, which curtailed the powers of the President of Greece, and in 2001, which expanded individual rights and modernized state functions.

Structure and content

The document is systematically divided into four major parts. The first section outlines the form of the state and the relationship between church and state, recognizing the Orthodox Church of Christ as the "prevailing religion." The second part extensively details individual and social rights, including provisions for the protection of the natural environment. The third part organizes the structure and functions of the organs of the state, defining the roles of the Hellenic Parliament, the President of Greece, the Government of Greece, the judiciary, and the administration. The final part covers special, final, and transitory provisions, with specific articles governing the operation of the Supreme Special Court.

Fundamental principles

Core doctrines include the principles of popular sovereignty, the rule of law, and the welfare state. It declares the form of government as a parliamentary republic, with the President of Greece serving as a ceremonial head of state. The principle of the separation of powers is established among the Hellenic Parliament, the Government of Greece, and the Judiciary of Greece. It guarantees the protection of human dignity and enshrines a comprehensive catalog of individual rights, influenced by international instruments like the European Convention on Human Rights. The text also affirms the commitment of Greece to European integration, as a member of the European Union.

Amendment process

The procedure for revision is deliberately rigorous, requiring two separate votes in the Hellenic Parliament. An initial proposal must be approved by a three-fifths majority of the total number of MPs, which then dissolves the parliament. The subsequent, newly elected Hellenic Parliament must then ratify the amendment by an absolute majority. For changes concerning "the fundamental provisions" or the form of government, the final vote requires an enhanced supermajority of three-fifths. This process has been successfully invoked for the revisions of 1986, 2001, and 2008, and a more limited update in 2019.

Constitutional bodies

Key institutions established or recognized include the Hellenic Parliament as the unicameral legislative body, the President of Greece as the head of state, and the Government of Greece headed by the Prime Minister of Greece. The judicial power is vested in independent courts, headed by the three supreme courts: the Supreme Civil and Criminal Court of Greece, the Council of State, and the Court of Audit. Other critical bodies are the Supreme Special Court, which adjudicates electoral disputes and conflicts between state organs, and independent authorities like the Hellenic Authority for Communication Security and Privacy.

Role in the legal system

It occupies the apex of the legal hierarchy, with all laws, presidential decrees, and administrative acts required to conform to its provisions. The Council of State and the ordinary courts exercise the power of judicial review, annulling legislation found unconstitutional. Its provisions are directly applicable and enforceable, and many fundamental rights have horizontal effect between private parties. The interpretation of its articles is often guided by the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union, given Greece's membership in the Council of Europe and the European Union.

Greece Category:Government of Greece Category:Law of Greece