The Portuguese Constitutional Charter of 1826

Abstract

Among all the constitutional texts that ruled over the Portuguese political system, the Constitutional Charter was the longest reigning throughout contemporary history (72 years), and the one that most profoundly contributed both to the institutional making and to the ideological definition of the Portuguese 19^th century monarchical regime. The Charter was based on a particular political culture – “charterism” – that redefined the European liberal vocabulary at the time, setting it apart from any revolutionary legacy and engaging in a “middle way” for the conduction of politics, equidistant between traditional royal absolutism and radical popular democracy. This article aims at presenting a historical synthesis of the origins and unfolding of royally granted constitutionalism in Portugal, beginning with the 1808 “Petition” and the promises and disillusions of King John VI’s policies (1823-1826), exploring in detail the granting of the 1826 Constitutional Charter (its sources, philosophy, internal structure and main juridical and institutional principles), and recalling lastly the bumpy process through which it was sworn in and rooted, as from 1826 to its first reform, in 1852.

Fecha de envío / Submission Date: 13/04/2012

Fecha de aceptación / Acceptance Date: 04/05/2012