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Greek Constitution of 1844

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Greek Constitution of 1844
NameGreek Constitution of 1844
JurisdictionKingdom of Greece
Date created18 March 1844
Date effective18 March 1844
SystemConstitutional monarchy
BranchesExecutive, Legislative, Judiciary
ChambersBicameral (Senate and Chamber of Deputies)
ExecutiveKing and Ministers
JudiciaryAreopagus (Supreme Court)
FederalismUnitary
Date repealed16 November 1862
Superseded byGreek Constitution of 1864

Greek Constitution of 1844. The Constitution of 1844 was the fundamental charter of the Kingdom of Greece following the 3 September 1843 Revolution, which ended the absolute monarchy of King Otto. It established Greece as a constitutional monarchy, introducing a bicameral parliament and codifying key civil liberties. This document marked a pivotal transition in the nation's political development, balancing royal authority with nascent representative democracy.

Background and drafting

The push for a constitution emerged from widespread discontent with the autocratic rule of King Otto and his Bavarian advisors, a period often called the Bavarian Regency. This culminated in the bloodless 3 September 1843 Revolution, where military officers and politicians, including Andreas Metaxas and Constantine Kanaris, surrounded the Royal Palace and demanded a representative government. A constituent assembly, the Third of September National Assembly, was convened, comprising prominent figures like Ioannis Kolettis and Theodoros Negris. The drafting process was influenced by the French Constitution of 1830 and the Belgian Constitution of 1831, reflecting contemporary European liberalism. Key debates centered on the extent of royal powers versus parliamentary control, particularly regarding the Senate's composition and the role of the Eastern Orthodox Church.

Main provisions

The constitution established a constitutional monarchy where executive power was shared between the hereditary monarch and responsible ministers. The legislative power was vested in a bicameral parliament, consisting of an elected Chamber of Deputies and an appointed Senate, whose members were chosen by the king for life. It guaranteed certain civil rights, including equality before the law, freedom of the press, and the inviolability of the home. The judiciary was headed by the Areopagus as the supreme court. Notably, it recognized Greek Orthodoxy as the prevailing religion of the state. The king retained significant authority, including the power to convene and dissolve parliament, sanction laws, and command the armed forces.

Implementation and political impact

The implementation of the constitution initiated the era of "Constitutional Monarchy" but was immediately challenged by persistent political instability. The first elections under the new system led to the premiership of Ioannis Kolettis, yet governments were frequently toppled by conflicts between the king, the Chamber, and the royalist Senate. This period saw the rise of the French Party, English Party, and Russian Party, proto-parties based on foreign allegiances rather than ideology. King Otto often exploited constitutional ambiguities to appoint governments of his choosing, leading to repeated dissolutions of parliament, such as during the crisis of 1847. The system struggled with electoral corruption and failed to resolve the Great Idea, the national goal of territorial expansion, which dominated foreign policy.

Comparison with other constitutions

The 1844 charter borrowed heavily from the Belgian Constitution of 1831, particularly in its structure of a constitutional monarchy and its bill of rights, but granted the monarch more power, akin to the French Constitution of 1830. Unlike the more democratic Greek Constitution of 1864 that would follow, it created a powerful, king-appointed Senate, similar to the House of Lords in the United Kingdom, intended as a conservative check on the lower house. It was less radical than the short-lived Constitution of 1822 from the Greek War of Independence, which had a more republican character. The explicit establishment of the Eastern Orthodox Church contrasted with the secular frameworks of the French Constitution of 1791 and the Cadiz Constitution of 1812.

Legacy and subsequent revisions

The constitution's legacy is mixed; it established foundational principles of representative government and rule of law in Greece but proved unworkable due to the persistent conflict between the crown and parliament. Its failure to ensure stable governance contributed to the military coup of 1862 and the subsequent exile of King Otto. It was formally abolished following the 1862 Revolution and was replaced by the more democratic Greek Constitution of 1864, which abolished the Senate and established universal male suffrage. Elements of its legal framework, however, influenced later charters, including the Constitution of 1911 championed by Eleftherios Venizelos. The original manuscript is preserved in the Parliament archives, serving as a key artifact in the study of modern Greek statehood.

Category:Greek constitutions Category:1844 in law Category:1844 in Greece Category:Legal history of Greece Category:19th-century constitutions