The Constitution of 1976 was drafted by a
Constituent Assembly that was elected on 25 April 1975, one year after the
Carnation Revolution. It was largely drafted in 1975, then finished and officially promulgated in early 1976. Portugal's democratic future was still unclear at the time of the constitution's drafting. Even after a
leftist coup had been put down in November 1975,[SUP][
citation needed][/SUP] it was not known if the armed forces would respect the assembly and allow work on the constitution to go forward. The
Movimento das Forças Armadas (MFA, English:
Armed Forces Movement) and leftist groups pressured and cajoled the assembly, and there was much discussion of establishing a revolutionary and socialist system of government. Moreover, not all of the assembly's members were committed to parliamentary democracy. The membership was intensely partisan, with some 60 percent of the seats occupied by the left.
After prolonged deliberation, the Constituent Assembly eventually adopted a constitution that provided for a democratic,
parliamentary system with
political parties,
elections, a
parliament, and a
prime minister. The document also established an independent
judiciary and enumerated and provided for the protection of several
human rights. Although relatively few of these provisions are exceptional, some of the constitution's features are noteworthy: including its ideological content, its provision for the
role of the military, and its dual presidential-parliamentary system.
Until the constitutional revisions of 1982 and 1989, the constitution was a highly-charged ideological document with numerous references to
socialism, the
rights of workers, and the desirability of a
socialist economy. It severely restricted private
investment and business activity. Many of these articles were advanced by
Portuguese Communist Party (PCP) representatives in the Constituent Assembly, but they were also advocated by members of the
Socialist Party (PS), who at that time were seeking to be as revolutionary as the other left groups. The resulting document proclaimed that the object of the republic was "to ensure the transition to socialism." The constitution also urged the state to "socialize the means of production and abolish the exploitation of man by man," phrases that echoed
Karl Marx's
Communist Manifesto. Workers' Committees were given the right to supervise the management of enterprises and to have their representatives elected to the boards of
state-owned firms. The government, among many admonitions in the same vein, was to "direct its work toward the socialization of medicine and the medicopharmaceutical sectors."