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Constitution of the Reorganized Kingdom of Portugal (WIP)


The Portuguese Constitution
Versão digitalizada da Constituição do Reino Reorganizado de Portugal/Digitized Version of the Constitution of the Reorganized Kingdom of Portugal

Preamble
On the 17th day of March in the Year of our Lord 2014, the will of the people of Portugal did overthrow an unstable and insecure Republic, and in it's place established a constitutional monarchy.

Freeing Portugal from insecurity, domestic danger, and a powerless national focus.

The National Assembly affirms the Portuguese people's decision to defend
national independence, guarantee fundamental citizens' rights, guarantee the basic
principles of democracy, ensure the primacy of a democratic state based on the rule
of law and open up a path towards a monarchal and socialist society, with respect for the will of the
Portuguese people and with a view to the construction of a country that is more stable,
more secure, and more fraternal.

Meeting in plenary session on 23 March 2014, the Constituent Assembly does hereby
pass and decree the following Constitution of the Reorganized Kingdom of Portugal.

Article I: Reorganized Kingdom of Portugal
From this day henceforth of the adoption of this Constitution, Portugal shall be a constitutional monarchy, based on the dignity of the human person and the will of the people and committed to building a free, just and solidary society.

Article II: The state based on law
The Reorganized Kingdom of Portugal shall be a democratic state based on the rule of law, the
sovereignty of the people, plural democratic expression and organisation, respect for
and the guarantee of the effective implementation of fundamental rights and
freedoms, and the separation and interdependence of powers, all with a view to
achieving economic, social and cultural democracy and deepening participatory
democracy.

Article III: Sovereignty and legality
Sovereignty shall be single and indivisible and shall lie with the people, who shall
exercise it in the forms provided for in this Constitution.

The state shall be subject to this Constitution and shall be based on the
democratic rule of law.

The validity of laws and other acts of the state, the autonomous regions, local
government and any other public bodies shall be dependent on their conformity
with this Constitution.

Article IV: Citizenship
All persons born to at least one parent of Portuguese citizenship shall be Portuguese citizens under the law of this Constitution.

Article V: Territory
Reorganized Portugal, at the time of the adoption of this Constitution, shall comprise that territory on the European mainland which is historically defined as Portuguese, the Azores and Madeira archipelagos, and the city of Macau in Asia.

The law shall define the extent and limit of Portugal's territorial waters, its exclusive economic zone and its rights to the adjacent seabed.

Without prejudice to the rectification of borders, the state shall not dispose of
title to any part of Portuguese territory or of the sovereign rights that it
exercises thereover.

(Amendment V-1) - The territory of Reorganized Portugal, in addition to that mentioned above, shall include the territories of Angola.

Article VI: Deevolution
The state shall be divided into provinces, of which each shall have its own government to exert authority over its provincial jurisdiction.

Article VII: International Relations
In its international relations Portugal shall be governed by the principles of
national independence, respect for human rights, the rights of peoples, equality
between states, the peaceful settlement of international conflicts,
non-interference in the internal affairs of other states and cooperation with all
other peoples with a view to the emancipation and progress of mankind.

Portugal shall recognise peoples' rights to self-determination and independence
and to development, as well as the right to insurrection against all forms of
oppression.

Portugal shall maintain privileged ties of friendship and cooperation with
Portuguese-speaking countries.

Portugal shall make every effort to reinforce the European identity and to
strengthen the European states' actions in favour of democracy, peace,
economic progress and justice in the relations between peoples.

With a view to achieving an international justice that promotes respect for the
rights of both individual human persons and peoples, and subject to the
provisions governing complementarity and the other terms laid down in the
Rome Statute, Portugal may accept the jurisdiction of the International Criminal
Court.

Article VIII: International Law
The rules and principles of general or common international law shall form an
integral part of Portuguese law.

The rules set out in international laws and agreements passed by the World Assembly shall come into force in Portuguese internal law, upon the ratification of said agreements.

Article IX: Fundamental tasks of the state
The fundamental tasks of the Portuguese state shall be:

  • To guarantee national independence and create the political, economic, social, and cultural conditions needed to enforce it;

  • To guarantee the fundamental human rights and freedoms for the respect of the democratic process;

  • To defend democracy and safeguard and encourage citizens' participation in the democratic process;

  • To defend and promote the people's wellbeing, quality of life, and real equality between the Portuguese;

  • To preserve, protect, and defend the Portuguese cultural heritage, nature and the environment, and the preservation of natural resources;

  • To promote the development of the whole Portuguese territory, with particular regard to the natural beauty of the Azores and Madeira archipelagos;

  • To promote the fundamental truth of equality between the two sexes of male and female.

Article X: Universal Sufferage and political parties
The people shall exercise political power by means of universal, equal, direct,
secret and periodic suffrage, referendum and the other forms provided for in this Constitution.

Political parties shall contribute to the organisation and expression of the will of
the people, with respect for the principles of national independence, the unity of
the state and political democracy.

Article XI: National symbols, official religion, and official language
The National Flag, which shall be the symbol of the sovereignty and independence of the Kingdom and of Portugal's independence, unity and integrity, shall be composed of a blue left and white right of equal proportions, with the coat of arms of the Reorganized Kingdom of Portugal in the center.

The National Anthems shall be A Portuguesa and Deus, Patria, Rei.

The National Animal shall be the rooster.

The official religion shall be that of the Roman Catholic Church, however there shall not be any law imposed by Parliament restricting the freedom of religion.

The official language shall be Portuguese.

Title I: Fundamental Rights
Article XII: Principle of universality
Every Portuguese citizen shall enjoy the rights granted upon them by this Constitution.

Corporate bodies shall enjoy the rights granted upon them and be subject to the regulations imposed upon them by this Constitution.

Article XIII: Principle of equality
Every Portuguese citizen shall possess the same social dignity and shall be equal before the law.

No one shall be privileged, favoured, prejudiced, deprived of any right or
exempted from any duty on the basis of ancestry, sex, race, language, place of
origin, religion, political or ideological beliefs, education, economic situation,
social circumstances, or sexual orientation.

(Amendment XIII-1) As of 7 July in the Year of Our Lord 2020, the rule of sexual orientation in Article XIII is hereby repealed.

Article XIV: Portuguese citizens abroad
Portuguese citizens who find themselves or are living abroad shall enjoy the state's protection in the exercise of these rights and shall be subject to such duties as Portuguese citizens living within the state's borders.

Article XV: Foreigners and stateless persons
Foreigners and stateless individuals who find themselves or reside in Reorganized Portugal shall enjoy the same rights and be subject to the same duties as Portuguese citizens.

Political rights, the exercise of public offices that are not predominantly
technical in nature, and the rights that this Constitution and the law reserve
exclusively to Portuguese citizens shall be excepted from the provisions of the
previous paragraph.

With the exceptions of the ruling monarch of Portugal, as well as appointment to the offices of Prime Minister and President of any of the supreme courts, and of service in the armed forces and the diplomatic
corps, in accordance with the law and subject to reciprocity, such rights as are
not otherwise granted to foreigners shall apply to citizens of
Portuguese-speaking states who reside permanently in Portugal.

Foreigners and stateless persons shall not be allowed to run for or be appointed to any political office until they have been granted Portuguese citizenship.

Article XVI: Scope and interpretation of fundamental rights
The fundamental rights enshrined in this Constitution shall not exclude such
other rights as may be laid down by law and in the applicable rules of
international law.

The provisions of this Constitution and of laws concerning fundamental rights
shall be interpreted and construed in accordance with the Universal Declaration
of Human Rights.

Article XVII: Rules governing rights, freedoms, and guarantees
The set of rules governing rights, freedoms and guarantees shall apply to those set
out in Title II and to fundamental rights of a similar nature.

Article XVIII: Legal Force
This Constitution's provisions with regard to rights, freedoms and guarantees
shall be directly applicable to and binding on public and private persons and
bodies.

The law may only restrict rights, freedoms and guarantees in cases provided for in this Constitution, and such restrictions shall be limited to those needed to safeguard other rights and interests protected by this Constitution.

Laws that restrict rights, freedoms and guarantees shall possess an abstract and
general nature and shall not possess a retroactive effect or reduce the extent or
scope of the essential content of the provisions of this Constitution.

Article XIX: Suspension of the exercise of rights
Bodies that exercise sovereign power, including but not limited to Parliament, provincial governments, or the Grand Federal Court, shall under no circumstances permanently suspend the exercise of rights, freedoms, and guarantees.

A state of emergency or a stage of siege must be declared by all provincial governments, as well as Parliament, in the event of a foreign power's aggression toward or outright invasion of the state before any right may be temporarily suspended.

Both the choice between a state of siege and a state of emergency and the
declaration and implementation thereof shall respect the principle of
proportionality and shall limit themselves, particularly as regards their extent
and duration and the means employed, to that which is strictly necessary to
promptly restore constitutional normality.

Declarations of a state of siege or a state of emergency shall set out adequate
grounds therefore and shall specify the rights, freedoms and guarantees that are
to be suspended. Without prejudice to the possibility of renewal subject to the
same limits, neither may last for more than fifteen days, or, in the event that it
results from a declaration of war, for more than the duration determined by law.

Under no circumstances shall a declaration of a state of siege or a state of
emergency affect the rights to life, personal integrity, personal identity, civil
capacity and citizenship, the non-retroactivity of the criminal law, defendants'
right to a defence, or freedom of conscience and religion.

Declarations of a state of siege or a state of emergency may only alter
constitutional normality in the manner provided for in this Constitution and the
law. In particular, they shall not affect the application of the constitutional rules
concerning the responsibilities and functioning of the bodies that exercise
sovereign power or of the self-government bodies of the autonomous regions,
or the rights and immunities of the holders of such offices.

Declarations of a state of siege or a state of emergency shall grant the public
authorities the power and responsibility to take the appropriate steps needed to
promptly restore constitutional normality.

Article XX: Access to law and effective judicial protection
Everyone shall be guaranteed access to the law and the courts in order to
defend those of his or her rights and interests that are protected by law, and justice
shall not be denied to anyone due to lack of financial means.

Subject to the terms of the law, everyone shall possess the right to legal
information and advice, to legal counsel and to be accompanied by a lawyer
before any authority.

The law shall define and ensure adequate protection of the secrecy of legal
proceedings.

Everyone shall possess the right to secure a ruling in any suit to which he or she is a
party, within a reasonable period of time and by means of fair process.

For the purpose of safeguarding personal rights, freedoms and guarantees and
in such a way as to secure effective and timely judicial protection against threats
thereto or breaches thereof, the law shall ensure citizens judicial proceedings
that are characterised by their swiftness and by the attachment of priority to
them.

Article XXI: Right of Resistance
Everyone shall possess the right to resist any order or law that restricts their rights guaranteed in this Constitution, and in the event peaceful means are unsuccessful, to use force to repel any aggression.

Article XXII: Liability of public bodies
Jointly with their officeholders, staff and agents, the state and all other public bodies
shall be civilly liable for such actions or omissions in the performance of their
functions as result in a breach of rights, freedoms or guarantees or in any loss to
others.

Title II: Bill of Fundamental Rights, Freedoms, and Guarantees
Article XXIII: Right to life
Human life is invioliable.

The only exception to this rule shall be capital punishment.

(Amendment XXIII-1): As of 20 February 2023, the death penalty is now illegal.

Article XXIV: Right to personal integrity
Every person's moral and physical integrity shall be inviolable.
No person shall be subject to torture, or to cruel, degrading, or inhumane treatment or punishment.

Article XXV: Other personal rights
Every person shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to name and reputation, to their likeness, to speak out, and to defend the privacy of said identity if they so choose.

The law shall guarantee the personal dignity and genetic identity of the human person, particularly in the creation and advancement of science and technology.

Deprivation of citizenship and restrictions on civil capacity may only be provided for based on the law, and shall never be based on political motives.

Article XXVI: Right to freedom and security
Every person shall possess the right to freedom and security.

No person shall be wholly or partially deprived of their freedom, with the exception of jailtime imposed by judicial courts.

Article XXVII: Remand in custody

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