Constitutional Charter of 1826
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The Charter of 1826 or ''Carta Constitucional'', often simply referred to as the ''Carta'', was the second
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
in
Portuguese history The history of Portugal can be traced from circa 400,000 years ago, when the region of present-day Portugal was inhabited by Homo heidelbergensis. The Roman invasion in the 3rd century BC lasted several centuries, and developed the Roman provinc ...
. It was given to the country in 1826 by King Dom Pedro IV. The constitution remained in force, with the exceptions of the periods 1828–34 and 1838–42, until the fall of the monarchy in 1910. It was modified in 1852, 1865, 1896, and 1907. The constitution was modelled on the 1824 constitution that Pedro imposed on Brazil, which in turn was modelled on the failed 1822 Portuguese Constitution, which in turn was modelled on the Spanish Constitution of 1812. In contrast to the first constitution, the
Portuguese Constitution of 1822 The Portuguese Constitution of 1822 (formally the Political Constitution of the Portuguese Monarchy) ( pt, Constituição Política da Monarquia Portuguesa) approved on 23 September 1822 was the first Portuguese constitution, marking an attempt to ...
, approved by the constitutional assembly or cortes (see the
Liberal Revolution of 1820 The Liberal Revolution of 1820 ( pt, Revolução Liberal) was a Portuguese political revolution that erupted in 1820. It began with a military insurrection in the city of Porto, in northern Portugal, that quickly and peacefully spread to the rest ...
, the ''Carta'' was an imposed constitution issued by the king under his own authority without the involvement of the people. The ''Carta'' provided for a
bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
Parliament. The upper chamber, modeled after the British
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
, consisted of hereditary peers; the chamber of representatives was partially elected and partially appointed by the king. The ''Carta'' was far more conservative than the Constitution of 1822, because the king also attempted to satisfy advocates of the
absolute monarchy Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constituti ...
. Nonetheless, this faction rejected the ''Carta'', which was set aside when the absolute monarch Dom Miguel I of Portugal seized power, and it was reintroduced only after the victory of the liberals in the Miguelite War. After the Miguelite War, the liberals throughout the country were divided on the question of whether the ''Carta'' should be restored or whether a constitution modeled after that of 1822 should be introduced. Both factions, the ''
Cartista Cartista was a Portuguese form of Chartism which arose after the Portuguese Liberal Revolution of 1820. Members supported the Constitutional Charter of 1826 granted by Peter IV of Portugal, which was an attempt to reduce the conflicts created by ...
s'' (advocates of the ''Carta'') and the ''Setembristas'' (advocates of a liberal constitution), quarreled bitterly, which ultimately led to civil war. The ''Carta'' was restored and set aside repeatedly as one side or the other gained the upper hand. Thus it served as the constitution of
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
from 1826 to 1828, from 1834 to 1838 and from 1842 until the end of the monarchy in 1910. In 1852 the ''Carta'' underwent significant change in the constitutional reform intended to make it acceptable to the ''Setembristas'' as well.


See also

* Portuguese Civil Code *
Timeline of Portuguese history __NOTOC__ This is a timeline of Portuguese history, comprising important legal and territorial changes and political events in Portugal and its predecessor states. To read about the background to these events, see History of Portugal. Centuri ...


References


External links


The Parliament in the History of the ConstitutionThe Brazilian origins of the 1826 Portuguese Constitution
{{Authority control Government of Portugal Law of Portugal Liberalism in Portugal Defunct constitutions 19th century in Portugal 1826 in Portugal 1826 in law 1826 documents