MONTENEGRO.

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 1878.1 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

[PREAMBLE.]

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.

3 Translated by OTIS G. STANTON from the French text in the British and Foreign State Papers, 98: pp. 419-440. German translation in PAUL POSENER, Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 685-705.

PART I.-THE FORM OF GOVERNMENT; THE PRINCE HOSPODAR; THE TERRITORY AND RELIGION OF THE 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 representation 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 Skupshtina1 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 amnesty.

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, case of necessity, he leaves Montenegro, for some time, he is repre

1 The name of the National Assembly.

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sented by the Crown Prince. In case the latter should be prevented from representing the Prince Hospodar, the constitutional authority of the Principality shall be exercised by the Council of Ministers, conformably to the instructions which the Prince Hospodar shall have given them within the limits of the Constitution. The Prince Hospodar announces to the people by a proclamation his departure from the country and the nomination of his representative.

ART. 17. The Prince Hospodar convokes the National Skupshtina in ordinary or extraordinary session. He opens and closes the meetings of the National Skupshtina personally by a discourse from the throne, and through the medium of the Council of Ministers by means of a message or ukase. The Prince Hospodar has the right to adjourn the National Skupshtina and to dissolve it. The ukase of adjournment and of dissolution of the Skupshtina must be countersigned by all the ministers.

ART. 18. In Montenegro Prince Nicholas I Petrovitch Niégosch 1 reigns.

Under the name of reigning house is included: the Sovereign Prince, the Sovereign Princess, the Crown Prince, the Crown Princess.

Members of the reigning house are: the father and the grandfather of the Sovereign Prince, the ascendants in direct line, then the sons, the brothers, the wives of the brothers, the daughters, the sisters, the nephews (sons of the brothers), the grandsons and the granddaughters.

No other relative, either by blood or by marriage, is considered a member of the reigning family and can not, by consequence, enjoy any prerogative or any right of preference over the other Montenegrin subjects.

ART. 19. The male descendants are called to the succession by order of primogeniture as it is prescribed by the special statute of family on the succession to the throne.

ART. 20. The Prince Hospodar and the heir to the throne attain their majority at 18 years of age.

ART. 21. In case of death of the Prince Hospodar, the heir to the throne immediately takes the power as Prince Hospodar of Montenegro and notifies the people of his accession to the throne by a proclamation.

He convokes the National Skupshtina within the thirty days following the death of the late Prince Hospodar in order to take before it the oath prescribed by the Constitution. In case the Skupshtina should be dissolved without the new one having been yet elected, it is the old one which should be assembled for this purpose.

1 See the Law of 28 August 1910 (p. 429, below), which proclaimed Prince Nicholas King.

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It would be the same if the Prince Hospodar abdicated during his lifetime in favor of his heir.

ART. 22. In taking possession of the power, the Prince Hospodar takes before the National Skupshtina the following oath:

In ascending the throne and taking possession of the power as Prince Hospodar of Montenegro, I swear before the Almighty God and before all the Saints to defend the Constitution, to govern according to the Constitution and the laws and, in all my tendencies and my acts, to have the well-being of the country before my eyes.

As I have sincerely sworn, may God aid me and the Holy Gospel and this cross which I embrace with faith and love. Amen.

ART. 23. If at the death of the Prince Hospodar the heir to the throne is not of age, the constitutional princely authority shall be exercised until his majority by a regency composed of three members. ART. 24. The regents are appointed by the Prince Hospodar in his will; if he has not made provision in this regard, by the Skupshtina. ART. 25. The testament by which the Prince Hospodar nominates the regents of the Prince must be written and signed by his own hand,

The members of the Council of Ministers sign as witnesses on the back of the testament.

The testament must be written in triplicate which, sealed under the seal of the Prince Hospodar, are deposited one with the Council of State, one with the Supreme Tribunal, and the third in the hands. of the Keeper of the Seals.

ART. 26. If the Prince Hospodar has not designated the regents by his testament, the constitutional authority is exercised provisionally by the Council of Ministers, which announces it by a proclamation and convokes the Skupshtina for the election of the prince regents, a month, at the latest, from the day of the death of the Prince Hospodar.

ART. 27. If the Princess Mother is living, she must constitute part of the regency and the National Skupshtina chooses the other two regents.

ART. 28. The regents are chosen solely from among subjects Montenegrin by birth; they must be of the Orthodox religion, enjoy all the civil rights, be forty years old, be ministers, or councillors of State, or envoys accredited to a foreign court, presidents of the Supreme Tribunal or of the Control General of the State or brigadiers; or have exercised one of these functions.

ART. 29. The election of the regents is always done by secret ballot.

ART. 30. The regents receive per annum, as salary, the fifth of the civil list of the Prince Hospodar, which they divide among themselves in equal parts.