The Principality of Monaco is a constitutional monarchy where basic principles such as the separation of powers and fundamental freedom and rights are guaranteed.
The Principality was endowed with a Constitution for the first time on January 5, 1911, by Prince Albert Ist. It was replaced by the Constitution of December 17, 1962, presently in force, enacted by Prince Rainier III.

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It establishes that the executive power concers the Prince’s High Authority, while the Government is exercised by the Minister of State, assisted by Government Counsellors.
The legislative and budgetary powers are exercized jointly by the Prince and the National Council.
The public and private rights established by the Constitution are applied without distinction and independent of nationality. They are: the right to individual freedom and safety, the legality of penalties, the abolition of the death penalty, the non-retroactivity of penal laws, the inviolability of domicile, respect of private and domestic life, secrecy of correspondence, freedom of religion, freedom of opinion, the inviolability of property, the right to work, the right to trade-union action, the right to strike, the right of association and the right to petition.
The Sovereign Prince
The Prince is the Head of State and thus ‘… represents the Principality in its relations with foreign powers.’ As such, he acts as guarantor for national independence, territorial integrity and respect of the treaties. The Prince signs and ratifies treaties.
The Sovereign, who before 1911 held all State powers, delegated or shared the exercize of some of them with the Constitutions of 1911 and 1962.
Executive power is given to the supreme au
thority of the reigning Prince. The Government is exercized by a Minister of State who represents the Prince and is assisted by a Government Council.
The Constitution grants a few particular prerogatives, customary to Heads of States, to the Sovereign: Right of grace and amnesty, right of naturalization, right to grant titles and distinctions.
The Constitution of 1962 states that the succession to the Throne passes to the direct and legitimate descendants of the reigning Prince under the principle of primogeniture, male descendants taking precedence over female descendants of the same degree of kin. In the absence of legitimate descendants, an adopted child may succeed to the Throne. The Prince, however, can only exercise his powers if he has reached his majority, set at the age of 18. During his minority or in case the Prince is not able to exercise his functions, the organization and conditions of exercise of the Regency are provided by the House Laws of the Sovereign Family.

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The Government Council
A Minister of State and Government Counsellors are responsible towards the Prince for the administration of the Principality.
The Prince nominates the Minister of State and five Government Counsellors who are administrative heads of departments: one each for Finances and the Economy, the Interior, Public Works and Social Affairs, Facilities and Town Planning and External Relations.
The National Council
The National Council is a representative assembly with elections held every five years by a list system in a single ballot with the option to vote for candidates from different parties without preferential vote. Voters are Monégasque nationals, 18 or older.
It is sometimes qualified as a ‘high assembly’. Its powers, established by the Constitution, cover all legislative and budgetary questions of national interest, including voting of the national budget.
The National Council shares the legislative power with the Prince as the law depends on agreement between the two: the Prince has the right of initiative, the Assembly the right to vote the law, the Prince the right to sanction and promulgate it.
Legal power belongs to the Sovereign who delegates the full exercise of it to the courts and tribunals. The independence of the judges is guaranteed and the legal organization of the Principality includes all the degrees of jurisdiction: a Court of First Instance, a Court of Appeal, a Higher Court of Appeal and a Criminal Court (Assize Court). There are also tribunals with limited competence such as the Work Tribunal, the Rent Arbitration Commission and the Higher Arbitration Court (collective work disputes). At the summit of the legal organization the Supreme Court decides: – in constitutional affairs, on appeals for annulation with reference to any attack on the rights and freedoms granted by the Constitution, – in administrative affairs, on appeals for annulation in actions beyond the powers available in administrative decisions and sovereign ordinance made in application of the law, – in the event of a conflict of legal competence.