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No communal tax can be established or suppressed without the authorization of the Grand Duke.
The accounts and budgets are made public.
The Grand Duke can suspend or annul the acts of the communal authorities which exceed their attributions or which are contrary to the law or general interest. The law regulates the consequences of this suspension or annulling.
The Grand Duke has the right to dissolve the council.
Art. 108. The editing of the acts of the civil State and the keeping of the registers are exclusively among the attributions of the communal authorities.
CHAPTER X-GENERAL PROVISIONS.
Art. 109. The city of Luxemburg is the capital of the Grand Duchy and the seat of government.
The seat of government can not be removed except temporarily, for grave reasons.
Art. 110. No oath can be imposed except by virtue of the law; it determines the formula thereof.
All civil public functionaries, before entering upon office, take the following oath:
I swear fidelity to the Grand Duke, obedience to the Constitution and to the laws of the State. So help me God!
Art. 111. Every foreigner within the territory of the Grand Duchy enjoys the protection accorded to persons and to property, save exceptions established by the law.
Art. 112. No law, or decree or regulation of general or communal administration, is obligatory except after having been published in the form determined by the law.
Art. 113. No provision of the Constitution can be suspended.
Art. 114. The legislative power has the right to declare that there is occasion to proceed to the revision of such constitutional provision as it designates.
After this declaration, the Chamber is dissolved ipso facto.
A new one shall be convoked, conformably to Article 74 of the present Constitution.
This Chamber determines in common accord with the Grand Duke on the points submitted for revision.
In this case the Chamber shall not have power to deliberate, if at least three fourths of the members who compose it are not present, and no change shall be adopted, if it does not receive at least two thirds of the votes.
Art. 115. No change in the Constitution can be made during a regency.
CHAPTER XI.-TRANSITORY AND SUPPLEMENTARY PROVISIONS.
ART. 116. Until provision is made by a law, the Chamber of Depulies shall have the discretionary power to accuse a member of the government, and the Superior Court, in general assembly, shall try him, characterizing the offense and determining the penalty.
Nevertheless, the penalty must not exceed that of imprisonment, without prejudice to the cases expressly provided for by the penal laws.
The councilors of the court forming part of the Chamber shall abstain from all participation in the procedure and the judgment.
ART. 117. From the day when the Constitution shall be executory, all laws, decrees, orders, regulations and other acts which are contrary to it are abrogated.
ART. 118. The death penalty, abolished in political matters, is replaced by the penalty immediately inferior, until it is determined upon by the new law.
Art. 119. While awaiting the conclusion of the conventions provided by Article 22, the present provisions relative to religious worship remain in force.
ART. 120. Until the promulgation of the laws and regulations provided by the Constitution, the laws and regulations in force continue to be applied.
ART. 121. The Constitution of the Estates of 12 October 1841 is abolished.
All the authorities preserve and exercise their attributions, until it shall have been otherwise provided conformably to the Constitution.
1 Here follow the signatures of the Grand Duke and five State officials.
The Principality of Montenegro was not established in its present form until 1/13 January 1852. Three years later a general Code in 95 articles was promulgated. This Code was a sort of compendium of all the national institutions, political as well as civil, penal and financial, and it proclaimed the equality of all citizens before the law, the inviolability of their rights, as well as regulated the succession to the throne. In 1868 a beginning in constitutional reform was inaugurated, when certain financial powers and the direction of administrative affairs were conferred upon a Senate. Eleven years later the Prince abolished the Senate and created a Council of State, composed of eight members, half elected by the Prince, half by all the male inhabitants bearing or having borne arms. The legislative and executive powers were exercised, in accord with the sovereign, by this Council of State and by a Council of Ministers. The independence of Montenegro had just been recognized by Article 26 of the Treaty of Berlin of 13 July 1878. Two articles of this treaty imposed upon Montenegro equality of religious confessions (Article 27) and inviolability of property (Article 20). The present Constitution was granted by a Proclamation of 18/31 October 1905. A Chamber of 62 deputies was elected on 14 November, and the Prince took oath before it to the new Constitution in the meeting of 6 December.2
CONSTITUTION OF 6/19 DECEMBER 1905.3
We, Nicholas I, by the grace of God Prince and Hospodar of Montenegro, grant and publish this Constitution for the Principality of Montenegro.
1 French text in the British and Foreign State Papers, 69: pp. 749–767; English translation in EDWARD HERTSLET, Map of Europe by Treaty, vol. IV (London, 1891), pp. 2759-2799.
* This introductory paragraph is based upon F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (3d edition, Paris, 1910), vol. II, pp. 294–295.
a Translated by Oris G. STANTON from the French text in the British and Foreign State Paper8, 98: pp. 419–440. German translation in Paul POSENER, Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 685–705.
PART 1.—THE FORM OF GOVERNMENT; THE PRINCE HOSPODAR; THE
TERRITORY AND RELIGION OF "HE STATE.
ARTICLE 1. The Principality of Montenegro is an hereditary and constitutional monarchy with national representation.
ART. 2. The Prince Hospodar is head of the State and, as such, possesses all the rights of the supreme power and exercises them according to the provisions of the present Constitution. His person is inviolable and irresponsible. He can not in any case be impeached. .
ART. 3. The Prince Hospodar exercises the legislative power in concert with the national representation.
Art. 4. The Prince Hospodar sanctions and promulgates the laws. No law can come into force unless the Prince Hospodar sanctions and promulgates it.
Art. 5. The Prince Hospodar is the supreme head of the army.
Art. 6. The Prince Hospodar is the protector of all the religions recognized in Montenegro.
Art. 7. The Prince Hospodar represents the country in all its relations with foreign States. He declares war, concludes treaties of peace and alliance and communicates them to the national represe!. tation in so far as and when the interests and security of the country permit it. For treaties of commerce, for those whose execution exacts outlays of money from the treasury, necessitates a modification of the laws of the country, or limits the private and public rights of Montenegrin subjects, the approval of the Skupshtina 1 is necessary.
ART. 8. The Prince Hospodar appoints all the funtionaries of the State. All the authorities of the country exercise their functions in his name and under his supreme surveillance.
ART. 9. The Prince Hospodar confers the military grades conformably to the provisions of the laws.
ART. 10. The Prince Hospodar has the right to coin money.
ART. 11. The Prince Hospodar confers decorations, titles and other distinctions.
ART. 12. The Prince Hospodar has the right of aninesty.
ART. 13. The Prince Hospodar has the pardoning power in criminal cases; he can mitigate, diminish, or completely remit penalties.
There can be no suspension of examination and trial in progress, for non-political criminals.
Art. 14. The Prince Hospodar and his family must belong to the Eastern Orthodox religion.
ART. 15. The heir apparent and the other members of the reigning family can not marry without the permission of the Prince Hospodar.
Art. 16. The Prince Hospodar resides in the country, and if, in case of necessity, he leaves Montenegro, for some time, he is repre
1 The name of the National Assembly.