Portugal’s Third Constitution (April 1838) – A…

Portugal’s Third Constitution (April 1838) – A Compromise Between Charterists and Radicals

The Portuguese Constituent Assembly, convened in March 1838, sought to resolve ongoing political instability by reconciling the radical Constitution of 1822 and the moderate Constitutional Charter of 1826. The result was Portugal’s third constitution, approved in April 1838, which attempted to balance liberal principles with a strengthened monarchy.

Key Features of the 1838 Constitution

1. Abolition of the Royal Moderative Power

   • Unlike the Constitutional Charter of 1826, which granted the monarch absolute veto power, the 1838 Constitution eliminated this moderative power.
   • This restored the classical liberal separation of powers into three branches:
     • Legislative power – exercised by an elected parliament.
     • Executive power – held by government ministers.
     • Judicial power – vested in independent courts.

2. Sovereignty Rests with the Nation

   • Like the 1822 Constitution, the 1838 document reaffirmed that sovereignty belonged to the nation, rather than being shared between the king and parliament as in the 1826 Charter.

3. Reform of the Legislature

   • Abolition of the Chamber of Peers – The hereditary nobility lost their automatic legislative role.
   • Creation of a Chamber of Senators – This new upper house was restricted to leading citizens (notables), rather than aristocrats.
   • Direct election of the Chamber of Deputies – The lower house was elected directly, but voting was limited to property owners and taxpayers.

4. The Role of the Monarch

   • Though the king’s moderative power was removed, his role in governance was still stronger than in the 1822 Constitution.
   • The monarch had greater influence over the executive branch, ensuring the preservation of royal authority.

Significance – A Fragile Attempt at Stability

• The Constitution of 1838 was a compromise, aiming to satisfy both radicals and moderates, but neither faction was entirely satisfied.
• Radicals (Setembristas) wanted stronger parliamentary rule, while moderates (Charterists) resented the loss of royal authority.
• This failure to fully reconcile the factions meant that political instability continued, leading to further constitutional changes in the coming years.

Conclusion – A Temporary Solution in Portugal’s Constitutional Struggle

While Portugal’s 1838 Constitution aimed to balance competing liberal visions, it did not bring long-term stability. Within a few years, conflict between radicals and moderates would resurface, eventually leading to the restoration of the Constitutional Charter in 1842. The struggle for Portugal’s political future continued, shaping the country’s evolving constitutional system throughout the 19th century.