Greek Constitution

Greek Constitution. The supreme law of the Hellenic Republic, it was enacted in 1975 following the fall of the Greek military junta of 1967–1974 and established the country as a parliamentary republic. The document guarantees fundamental civil liberties, outlines the structure of the Government of Greece, and defines the relationship between the Hellenic Parliament, the President of Greece, and the Judiciary of Greece. It has been revised three times, with significant amendments in 1986, 2001, and 2008, reflecting the nation's evolving political and social landscape.

History

The current constitution emerged from the period of Metapolitefsi, succeeding the authoritarian rule of the Regime of the Colonels. Drafted by the Fifth Revisionary Parliament of the Hellenes, it replaced the previous Greek Constitution of 1952. Its creation was influenced by earlier charters, including the Greek Constitution of 1864 and the Greek Constitution of 1911, as well as the traumatic experience of the Greek Civil War and the junta. Key figures in its drafting included President Constantine Tsatsos and Prime Minister Constantine Karamanlis, whose New Democracy (Greece) party played a central role. The constitution was ratified on 9 June 1975, solidifying Greece's return to democratic governance and its alignment with European institutions like the Council of Europe and the European Economic Community.

Structure and content

The constitution is divided into four major parts. The first section outlines the form of the state, declaring Greece a presidential parliamentary republic with popular sovereignty residing in the Greek people. It details the Hellenic Parliament, a unicameral legislature elected via reinforced proportionality in multi-member constituencies. The second part defines the functions and powers of the President of the Hellenic Republic, a largely ceremonial head of state elected by parliament, and the Prime Minister of Greece, the active head of the Ministerial Council. The third part extensively catalogues individual and social rights, including protections for freedom of religion, freedom of the press, and the right to assemble, while also recognizing the Greek Orthodox Church as the "prevailing religion." The final part establishes the independent Judiciary of Greece, specifying the highest courts: the Supreme Civil and Criminal Court of Greece, the Council of State (Greece), and the Court of Audit (Greece).

Amendments

The constitution has been formally revised three times, each requiring a supermajority in two successive parliamentary sessions. The 1986 Greek constitutional amendment reduced the political powers of the President of Greece, strengthening the parliamentary system after the experience with President Konstantinos Karamanlis. The 2001 Greek constitutional amendment introduced extensive modernization, incorporating provisions for the protection of personal data, recognizing the International Criminal Court, and enhancing the role of the Greek Ombudsman. The most comprehensive revision was the 2008 Greek constitutional amendment, which, among many changes, altered the electoral system, enshrined the University of Athens and other institutions' operational framework, and updated property rights. A separate legislative act in 2019 adjusted the relationship between the state and the Church of Greece.

Constitutional review

The power of constitutional review is vested primarily in the country's supreme courts. The Special Supreme Court is uniquely empowered to adjudicate disputes between the highest courts and to verify the validity of referendum results. Abstract review of legislation for constitutionality is performed by the Council of State (Greece), the supreme administrative court, while the Supreme Civil and Criminal Court of Greece handles concrete review arising from ordinary litigation. This system ensures that all branches of government, including the Hellenic Parliament and the Ministerial Council, act in accordance with constitutional principles, with ultimate authority derived from the sovereign will expressed in the constitution itself.

Comparison with other constitutions

While sharing common European democratic traditions, the Greek Constitution possesses distinct characteristics. Unlike the Basic Law for the Federal Republic of Germany, it establishes a unitary state rather than a federation. Compared to the Constitution of the United States, it features a purely parliamentary system without a powerful executive presidency, more closely resembling the Constitution of Italy. Its detailed catalog of social rights aligns it with the Portuguese Constitution of 1976 and the Spanish Constitution of 1978, all products of post-authoritarian transitions in the 1970s. However, its explicit mention of the Greek Orthodox Church's special status contrasts with the more rigid laïcité found in the French Constitution. Its amendment procedure is notably rigid, requiring greater consensus than the simpler processes in the Constitution of Ireland. Category:Government of Greece Category:Greek law Greece Category:1975 in law