The Greek Constitution of 1822: Laying the Foundations of a Modern State

Adopted on 1 January 1822 by the First National Assembly of Epidaurus, the document formally known as the Provisional Regime of Greece (Greek: Προσωρινό Πολίτευμα της Ελλάδος) marks a pivotal moment in the nation's history. Sometimes referred to as the Temporary Constitution of Greece, it is widely recognized as the very first constitution of Modern Greece. This foundational charter emerged from the crucible of the Greek War of Independence, serving as an urgent attempt to establish a provisional governmental and military organization amidst the revolutionary chaos, paving the way for the eventual establishment of a permanent national parliament.

Historical Context: Unifying a Nation in Revolt

The adoption of the 1822 Constitution was a critical step towards national cohesion, replacing a disparate collection of regional legal frameworks that had emerged with the outbreak of the Greek War of Independence in 1821. Prior to this, local revolutionary committees, such as the Senate Organization of Western Greece, the Legal Order of Eastern Greece, and the Peloponnesian Senate Organization, had passed their own texts. These regional arrangements, while demonstrating local initiative, highlighted the urgent need for a unified legal and administrative system to consolidate the gains of the revolution and coordinate the ongoing struggle against the Ottoman Empire.

A Unique Definition of Citizenship in Revolutionary Greece

One of the most defining and often-cited provisions of the 1822 Constitution articulated a unique understanding of national identity, stating: "All the indigenous inhabitants of the Greek Territory who believe in Christ are Greeks." This clause was a pragmatic and strategic definition of citizenship for the newly forming state. In a region where various linguistic and cultural groups coexisted under Ottoman rule, this religious criterion served to unify disparate Christian Orthodox populations, irrespective of their specific ethno-linguistic background, under a common banner against the predominantly Muslim Ottoman Empire. It prioritized shared faith as the primary marker of Greekness at a time when national boundaries were fluid and the concept of a modern nation-state was still evolving.

Crafting the Constitution: Balancing Ideals and Geopolitical Realities

The primary architect behind the 1822 Constitution was the Italian jurist Vincenzo Gallina. His work deliberately diverged from the radical liberal and democratic principles enshrined in the French revolutionary constitutions of 1793 and 1795, as well as the 1787 Constitution of the United States of America. This strategic avoidance was a conscious decision aimed at mitigating potential alarm among the conservative European powers, particularly the Holy Alliance (comprising Russia, Prussia, and Austria). The Holy Alliance was a staunch opponent of revolutionary movements and liberal reforms across Europe, and a constitution perceived as too radical might have triggered their intervention against the nascent Greek cause. For similar geopolitical reasons, the Constitution conspicuously omitted any reference to the Filiki Eteria (Society of Friends), the secret organization that had played a crucial role in initiating and organizing the Greek War of Independence, further distancing the emerging state from perceived revolutionary extremism.

A Multi-Central Model: The Design of Early Greek Governance

Regarding the structure of the nascent administration, the 1822 Constitution adopted a multi-central model, establishing two annual bodies: a deliberative body (the legislative) and an executive body. While this marked a step towards a structured government, the duties and boundaries between these two organs were, unfortunately, unclearly defined and insufficiently separated. This lack of clarity often led to friction and operational inefficiencies. This declaration, taking the official form of a constitutional text, is historically significant as the Constitution of Epidauros, the very first constitutional framework in the modern history of Greece.

Structure and Key Provisions of the 1822 Constitution

The Constitution was meticulously divided into four distinct parts, encompassing a total of 109 articles, each addressing specific aspects of the new state's framework:

• Part I: Rights and Religion

  This section dealt primarily with the religious and civil rights of the Greeks. It unequivocally ruled on the predominance of the Greek Orthodox Church, establishing it as the official religion of the state, a reflection of its unifying role during the revolution. Furthermore, it regulated certain important human rights, laying foundational principles for individual liberties within the emerging state.

• Part II: Administrative Framework

  This part focused on the practicalities of governance, addressing various administrative issues necessary for the functioning of the new state apparatus.

• Part III: Legislative Duties

  This section meticulously outlined the responsibilities and powers of the legislature, defining its role in law-making and policy formulation.

• Part IV: Executive Duties

  Finally, this part delineated the duties and scope of authority for the executive branch, responsible for implementing laws and administering the state.

A Liberal Compromise: Hopes and Hurdles of the First Constitution

Despite its pragmatic concessions to European powers, the Constitution is generally regarded as liberal and democratic in its aspirations. However, its creation represented a delicate compromise between the two dominant power centers within the First National Assembly: the influential military leaders of the Revolution (the 'kapetanoi') and the powerful landowners (the 'prokritoi' or local notables) who held significant sway. The very establishment of both an executive and a legislature clearly demonstrated the desire of these two factions to maintain a political balance and prevent any single group from gaining absolute control. This inherent suspiciousness among the members of the National Assembly, coupled with the constitutional equivalence between the legislature and the executive, unfortunately resulted in significant political friction and often led to the paralysis of the law-making procedure, hindering effective governance. Ultimately, the profound needs and severe difficulties of the ongoing revolution – including constant warfare, internal political rivalries, and dire financial constraints – impeded the full and effective implementation of this ambitious first Constitution.

Frequently Asked Questions about the Greek Constitution of 1822

What was the official name of the Greek Constitution of 1822?

Its official name was the Provisional Regime of Greece (Greek: Προσωρινό Πολίτευμα της Ελλάδος), sometimes translated as the Temporary Constitution of Greece.

Who adopted the first Constitution of Modern Greece?

It was adopted by the First National Assembly of Epidaurus on 1 January 1822.

Why was the 1822 Constitution considered "provisional"?

It was designed as a temporary framework to establish governmental and military organization during the Greek War of Independence, with the expectation that a more permanent national parliament and constitution would be established once full independence was secured.

What was unique about the definition of Greek citizenship in this Constitution?

The Constitution famously stated: "All the indigenous inhabitants of the Greek Territory who believe in Christ are Greeks." This defined Greek identity primarily by religious affiliation (Orthodox Christianity) rather than solely by ethnicity or language, aiming to unite various Christian populations against Ottoman rule.

Why did the Constitution avoid radical democratic principles?

It deliberately avoided the more liberal and democratic principles found in the French and American constitutions of the era to avoid alarming the conservative European powers, particularly the Holy Alliance, and to prevent potential intervention against the Greek Revolution.

Who was the main author of the 1822 Greek Constitution?

The Constitution was mainly the work of the Italian jurist Vincenzo Gallina.

What were the main parts of the 1822 Constitution?

It was divided into four parts: religious and civil rights, administrative issues, duties of the legislature, and duties of the executive.

What were the main challenges to the implementation of the 1822 Constitution?

Challenges included unclear separation of powers between the executive and legislature, leading to political paralysis, and the immense difficulties and needs of the ongoing Greek War of Independence itself, such as internal strife and resource scarcity.