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Constitution of the Principality

The Principality gained a Constitution for the first time (not counting the 1848 Charter, which was never implemented) on 5 January 1911, thanks to Prince Albert I. This Constitution, which was suspended three times, was subject to three amendments, becoming increasingly liberal, before it was replaced by the Constitution of 17 December 1962, which remains in force today, and was revised by Act No. 1.249 of 2 April 2002.

As the supreme law of the State, the Constitution defines the nature of government, sets out the structure of public authorities and the relationships between them, and enshrines the rights to be enjoyed by Monegasque nationals and foreigners. It therefore holds more importance than ordinary legislation, since it establishes the very principles on which such legislation must be based.

One illustration of the Constitution’s pre-eminence over ordinary legislation is the fact that the latter (as well as any implementing texts) can be revoked by the Supreme Court in the event that it infringes the rights and freedoms enshrined in the Constitution.

The issue of the Constitution’s primacy over international law has not been resolved by either the Supreme Court or the text of the Constitution itself, although the latter does stipulate that “the Principality of Monaco is a sovereign state within the framework... of the general principles of international law.”

"The Principality of Monaco – State, International Status, Institutions" by Georges Grinda (2nd edition, reworked and corrected), page 66.