Constitution of the Portuguese Republic

“ 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. ”

“ All citizens possess the same social dignity and are equal before the law. No one may be privileged, favoured, prejudiced, deprived of any right or exempted from any duty for reasons of ancestry, sex, race, language, territory of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation. Article 14 (Portuguese abroad) Portuguese citizens who find themselves or who reside abroad enjoy the state's protection in the exercise of the rights and are subject to the duties that are not incompatible with their absence from the country. ”

“ Citizens of Portuguese speaking countries may, by international convention and subject to reciprocity, be granted rights not otherwise conferred to aliens, except the right of access to membership of the organs of supreme authority and the organs of self-government of the autonomous regions, service in the armed forces, and access to the diplomatic service. (4) Subject to reciprocity, the law may confer upon aliens residing on the national territory the right to vote and to stand for election with respect to the election of members of organs of local authority. ”

“ The constitutional precepts with regard to rights, freedoms and guarantees are directly applicable and are binding on public and private entities. The law may only restrict rights, freedoms and guarantees in cases expressly provided for in the Constitution, and such restrictions must be limited to those needed to safeguard other constitutionally protected rights and interests. Laws that restrict rights, freedoms and guarantees must have a general and abstract nature and may not have a retroactive effect or reduce the extent or scope of the essential content of the constitutional precepts. ”

“ 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. ”

“ Portugal advocates the abolition of all forms of imperialism, colonialism and aggression, general, simultaneous and controlled disarmament, the dissolution of political-military blocks and the establishment of a system of collective security, with a view to creating an international order capable of ensuring peace and justice in relations among peoples. 3. Portugal recognizes the right of the people to rise up against all forms of oppression, namely against colonialism and imperialism, and will maintain special ties of friendship and cooperation with the Portuguese-speaking countries. ”

“ Every citizen is guaranteed the right to travel and settle freely in any part of Portuguese territory. Every citizen is guaranteed the right to emigrate or to leave Portuguese territory and the right to return thereto. Article 45 (Right to meet and to demonstrate) Citizens have the right to meet peacefully and without arms, even in places that are open to the public, without the need for any authorisation. All citizens are accorded the right to demonstrate. ”

“ The legislative autonomy of the autonomous regions applies to the matters that are set out in the respective political and administrative statute and do not fall within the exclusive competence of the entities that exercise sovereignty. In the absence of specific regional legislation on matters that do not fall within the exclusive competence of the entities that exercise sovereignty, the current legal norms shall apply in the autonomous regions. ”

“ The President of the Republic is elected by the universal, direct and secret suffrage of Portuguese citizens who are registered to vote in Portuguese territory and, in accordance with the following paragraph, of Portuguese citizens who reside abroad. The law shall regulate the right to vote of Portuguese citizens who reside abroad, to which end it must pay due regard to the existence of ties that effectively link them to the Portuguese community. The right to vote in Portuguese territory shall be exercised in person. ”

“ International treaties that are unconstitutional, in substance or form, but have been duly ratified may nonetheless be applied as part of Portuguese law, provided that the provisions are applied as part of the law of the other treaty party, unless the unconstitutionality arises from the contravention of a fundamental principle. ”

“ The nation does not renounce the rights which it has or may hereafter acquire to any other territory.
Title II. — Individual Rights and Guarantees.
Art. 3. The Constitution guarantees to Portuguese and foreigners resident in the country the inviolability of their rights with regard to liberty, personal security and property, in the following terms :
1. No one can be forced to do anything, or to desist from doing anything, except by virtue of a law.
2. The law is equal for all, but only that which has been promul- gated in the terms of this Constitution is binding. ”

“ The Assembly of the Republic shall have exclusive power to legislate on the following matters
(a) acquisition, loss and reacquisition of Portuguese citizenship; b) The status and capacity of persons; c) Rights, liberties and guarantees; d) State of siege and state of emergency regimes; e) Definition of crimes, sentences and security measures and criminal procedure, except as provided in article 148 (1) (a) f) Elections of the office holders of the sovereign bodies, the autonomous regions and the local government g) Political associations and parties h) Organization of local authorities ”

“ In international relations, Portugal shall be governed by the principles of national independence, respect for human rights, the right of peoples to self-determination and independence, equality between States, the peaceful settlement of international disputes, non-interference in the internal affairs of other states and cooperation with all other peoples for the emancipation and progress of mankind. ”

“ To legislate, when the power is delegated to them by the Assembly of the Republic, in compliance with this Constitution, on such matters of specific interest to the regions are not within the exclusive powers of the organs with supreme authority ”

“ 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. ”

“ The Council of the Revolution may declare, with generally binding force, the unconstitutionality of a rule if the Constitutional Commission has judged it unconstitutional in three specific cases or in just one case if it is organically or formally unconstitutional, without offending the cases judged. ”

“ Soon afterwards they travelled undisturbed to England, where the king was received by the duke of Orleans. Throughout Portugal the proclamation of a republic was either welcomed or accepted without further resistance. A provisional government was formed under the presidency of Dr Theophilo Braga (b. 1843) , a native of the Azores, who had since 1865 been prominent among Portuguese men of letters (see Literature, below) . The new government undertook to carry out part of the Republican programme before summoning a constituent assembly to remodel the constitution. ”