Ancient Greek Law
The Greek legal culture has its derivation in ancient Greece, dating almost 3000 years ago. Ancient Greek law was described in writings as early as the Odyssey and the Iliad of Homer. However, not much is known about justice during that era. The system was rather one of dispute settlement through mediation or arbitration between the parties and justice was based on retaliation and reciprocity. Religion played a central role then, but also later on, during the Archaic and Classic period. Throughout time, the system became progressively more concrete and courts were known in Athens of the Classic Antiquity. Democratic principles provided for participation of all male citizens in all functions of government. However, the vast majority of the population, slaves and women, were not allowed to participate in any form of government, since they were not considered to be citizens.
Due to an evolutionary change in Greek law, the history of Greek Law can be located in multiple sources, from Egyptian papyrus to decrees of the Byzantine emperors in Constantinople or even customary legal rules that the Greek Diaspora followed during the 17th and 18th century.
When we talk of “Ancient Greek Law”, we mean a collection of laws of Greek city-states, which had many things in common. Cities with the same political organization had more things in common than cities with completely different regimes. Thus, the expression “ancient Greek law” stands for a “family” of legal cultures that every member is connected to a different legal order.
During the archaic years, before the 6th and the 5th century, the law is mixed with religious beliefs, social morals or even hygiene rules. The first great legislators (Zaleukos and Harondas, 7th century BC) lived before the notion of a law was considered to be created by humans and not gods, something that only happened in the end of the 6th or the beginning of the 5th century. Even in Pindaros (520-460 BC) the expression “the law is everyone’s king” (Nomos panton vasileus) is connected to the secular order, part of which is the legal order.
Modern Greek Law
In 1830, the state of modern Greece was created, with the treaty of Constantinople. After the creation of the Modern Greek state, the form of governance in the very first constitutions was democratic. Originally there was a constitution but after Otto, the first king of Greece was brought here, Greece was a kingdom without democratic participation or a constitution. In 1862 the regime changed. The transition from an authoritative kingdom to a constitutional kingdom took place in 1864. Otto left in 1862 and George the 1st was imposed in 1864. The new constitution was reformed in 1881 and later again in 1897. The form of governance became a constitutional monarchy. The principal moment of parliamentary reform however took place later, in 1875, when informally, the principle of the stated confidence of the majority of members of parliament to the government was established (and later incorporated expressis verbis in the text of the Constitution of 1927 and is located in article 84 of the current Constitution). Important events that followed were the bankruptcy of the state in 1893, the reformist movement of the armed forces in Goudi in 1909, the internal clash between monarchists and democrats in 1915-1922, the continuing military coups one after the other, the defeat in Asia Minor in 1922 , the Metaxas’ dictatorship in 1936-1941 and the German Occupation between 1941 and 1944.
After the end of the German occupation and the end of World War II starts a long period of instability and great problems for the Greek state (inter alia, there was a civil war). In 1967 after a military coup d’Etat, a dictatorship was established which lasted for 7 years. Then, the democratic regime was restored in 1974 and the Greek constitution was adopted.
The current constitution is the one after the military junta of 1967-1974. It was voted by the new parliament and it has been amended twice, once in 1986 and recently in 2001. The official name of the constitution is The Constitution of 1975/1986/2001 and each date states the adoption and each of the amendments.
The first article of the constitution defines the form of government is that of a parliamentary republic, popular sovereignty is the foundation of government and all powers derive from the People and exist for the People and the Nation. Article 2 of the constitution is very important because it reaffirms the respect and protection of the value of a human being as a primary obligation of the state. It continues by declaring that Greece, adhering to the generally recognized rules of international law, pursues the strengthening of peace and of justice, and the fostering of friendly relations between peoples and states. The possibility of a third upcoming amendment of the Constitution is currently being discussed.
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