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The Constitutional Charter was no longer effective by May 1828,
when D. Miguel, D. Pedro's IV brother and uncle of the Queen of
Portugal, called the three States of the Kingdom together.
They proclaimed him absolute king. As a consequence, began a period
of civil war during which, over six years liberals fought absolutists.
CONSTITUTIONAL CHARTER OF 1838
(Fundamental law of the country. Everybody obligated.)
Sources:
- Previous Portuguese Constitutions.
- French Constitution of 1839.
- Belgian Constitution of 1831.
- Spanish Constitution of 1837.
Principles
Fundamentals:
- Major importance given to individual rights, such as
cult and association.
- Definition of popular sovereignty as the democratic basis
of power.
- Effective domination of royal power, which subjects the
legislative power through sanction and definitive veto.
- Double-chambers (Senators, chosen among high placed people,
and Deputies) elective and temporary through direct election.
- Authorization of tributary regime (80 thousand réis
for the voters, 400 thousand réis for the Deputies).
- Administrative decentralization of the "overseas
provinces".
Aim:
- Conciliate the Constitution of 1822 with the Constitutional
charter of 1826
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With the re-establishment of order in August 1834 and the consequent
exile of D. Miguel, the Constitutional Charter returned again, being
the nation's main legal body until the implementation of Republic
in October 1910. In 1911, a new Portuguese constitution was approved
based on republican ideals.
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