The Constitution evolves to serve the rule of law
In 1911, the Principality of Monaco adopted a Constitution. This institutional organisation, promoted and desired by Prince Albert I (1848-1922) in response to the aspirations of his people, brought the Principality into its political modern era.
Prince Albert I of Monaco, by Franz Bucher (Numa Blanc studio), c. 1895. Archives du Palais Princier (A.P.M.)
In the background is the text of the law on the constitutional organisation of the Principality of Monaco, january 5, 1911.
The text of 1911 created and delimited the public domain, organised the government and established a shared legislative power between the Prince and a National Council, whose members were elected among Monegasque citizens. As an essential feature of the rule of law, fundamental freedoms and rights were enshrined in Title II: individual freedom, freedom of religion or right of ownership.
The Constitution of December 17, 1962 marks a significant evolution and, as per the statement delivered by Prince Rainier III on that day, met two needs: "to perfect the institutions" and "to fulfil the legitimate wishes of the population as expressed by the National Council" by introducing a "new spirit into old frameworks".
In fact, the Principality truly became a state governed by the rule of law, in which the Constitution could no longer be suspended. More liberal than the 1911 Constitution, it protects all fundamental political, economic and social rights and freedoms. Women were granted the right to vote in all elections, and the death penalty was abolished.
First page of the original text of the Monegasque Constitution of december 17, 1962, signed by Prince Rainier III and countersigned by the Minister Plenipotentiary and Secretary of State Paul Noghès. A.P.M.
In 2002, the prospect of joining the Council of Europe and the constitutional revision wished by Prince Rainier III marked a decisive turning point. Membership implied harmonising the Principality’s international status and its legislation with the recommendations of the Council of Europe: strengthening the prerogatives of the National Council, extending civil rights to women and foreigners, and lowering the age of majority to eighteen. Legislative initiative was thus better asserted, and the right to amend government bills was granted (with the exception of the budget bill). Regarding foreign relations, the Assembly’s jurisdiction was extended to treaties and agreements.
The dimension of the rule of law is affirmed.