Sovereignty and powers

The people and the Constitution

Sovereignty rests with the people and political power belongs to them under Articles 3 and 108. Its exercise follows the Constitution: this is not permission for an institution to act without limits. Article 2 describes a democratic rule-of-law State with political pluralism, fundamental rights and participation. First ask who holds power, then which organ exercises each competence. This order prevents confusing the democratic origin of power with a particular administrative or judicial function.

Four sovereign organs

Article 110 lists the President, Parliament, Government and courts. Article 111 combines separation and interdependence: functions differ, but relationships and control mechanisms exist. Powers cannot be freely delegated merely for convenience; specified cases and terms are required. A municipal executive or Regional Government does not become a sovereign organ because it has representatives or implements policies. These are different organizational levels that also operate within the constitutional order.

President and Parliament

Article 120 says the President represents the Republic and guarantees national independence, State unity and regular institutional functioning. Parliament represents all Portuguese citizens, including those who did not vote for elected lists. It scrutinizes Government and administration, examines the programme and votes on confidence and censure motions. A presidential political veto of a parliamentary decree requests reconsideration by a reasoned message. Article 136 provides parliamentary confirmation with specific majorities; do not confuse this procedure with every type of veto or automatic final rejection.

Government and courts

Government directs general policy and heads public administration under Article 182. It is accountable to the President and Parliament. The President appoints the Prime Minister after consulting represented parties and considering election results; Article 187 establishes neither direct popular election to this post nor automatic appointment. Courts are independent and subject to law. They cannot apply unconstitutional rules, and judicial decisions bind public and private entities. The Constitutional Court has specific constitutional jurisdiction. Of its thirteen judges, Parliament designates ten, who co-opt three; their term is nine years, nonrenewable.

Recap with verbs

Build a mental table: the President represents and guarantees; Parliament represents, legislates and scrutinizes; Government directs and administers; courts judge. Article 112 identifies laws, decree-laws and regional legislative decrees as legislative acts. A judgment is not another type of law. Does Government elect the President? Does the President decide every court case? Does municipal autonomy permit ignoring the Constitution? All answers are no. Practise functions and relationships against the cited sources as independent study, without turning educational examples into legal advice.

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