Portugal's Constitutional Charter of 1826 – A Compromise Between Absolutists and Liberals

Portugal’s Constitutional Charter of 1826, granted by King Pedro IV (Emperor Pedro I of Brazil), was an attempt to reconcile absolutists and liberals by giving both factions a role in government. Unlike the radical Constitution of 1822, which had severely limited monarchical power, the Charter sought a balance between royal authority and constitutional governance.

Key Features of the Constitutional Charter

The Constitutional Charter established four branches of government, distinguishing it from the more rigid three-branch model of classical liberalism.

1. The Legislature – A Bicameral System

• Chamber of Peers (Upper Chamber)

  • Comprised of life and hereditary peers and clergy.
  • Members were appointed by the king, ensuring aristocratic and clerical influence in government.

• Chamber of Deputies (Lower Chamber)

  • Consisted of 111 deputies, elected to four-year terms.
  • Elected indirectly—local assemblies (themselves elected by property-owning taxpayers) selected deputies.
  • This ensured political power remained with the propertied classes, excluding lower-income citizens from voting rights.

2. Judicial Power

• Exercised by independent courts, maintaining a separation of powers with oversight from the monarchy.

3. Executive Power

• Held by the ministers of government, who administered state affairs under the king’s authority.

4. Moderative Power

• Granted exclusively to the king, giving him an absolute veto over all legislation.
• Allowed the monarch to intervene in legislative and judicial matters, making the king the ultimate arbiter of governance.

Significance – A Conservative Constitutionalism

• Unlike the radical democratic model of the Constitution of 1822, the Charter retained significant monarchical authority, making it more palatable to absolutists.
• It created a constitutional monarchy with aristocratic influence, preventing full parliamentary control over government.
• This system was similar to the British constitutional model, but with a stronger monarchical presence.

Impact – A Fragile Compromise

• The Charter failed to fully reconcile liberals and absolutists, as neither faction was entirely satisfied.
• Absolutists still favored direct monarchical rule, while radicals sought a more democratic constitution.
• The political instability of the 1830s and 1840s showed that the Charter, while an attempt at compromise, could not fully resolve Portugal’s ideological divisions.

Conclusion – The Charter as a Middle Path

The Constitutional Charter of 1826 was a landmark attempt to blend monarchy and constitutionalism, providing a legal framework that lasted (with interruptions) until 1910. Though it avoided the extremes of absolute monarchy and radical democracy, it failed to prevent civil conflict, leading to further struggles between moderates, radicals, and royalists throughout the 19th century.