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

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

In an attempt to stabilize the nation following the Portuguese Civil War (1828–1834) and continued struggles between moderates (Charterists) and radicals (Setembristas), Portugal’s Constituent Assembly was convened in March 1838 to draft a new constitutional framework.

The result was Portugal’s third constitution, approved in April 1838, which aimed to reconcile elements of the 1822 Constitution and the Constitutional Charter of 1826.

Key Features of the 1838 Constitution

1. Elimination of the Royal Moderative Power

   • Unlike the 1826 Constitutional Charter, which had given the monarch a "moderative power" (absolute veto and influence over all branches of government), this constitution abolished that authority.

2. Return to a Classical Liberal Government Structure

   • The tripartite division of government (legislative, executive, and judicial) was reaffirmed.
   • The nation was declared sovereign, as in the 1822 Constitution, rather than power being shared between the monarch and elected institutions.

3. Changes in the Legislature

   • The Chamber of Peers (a hereditary/aristocratic body) was abolished.
   • It was replaced by a Chamber of Senators, limited to leading citizens (notables) rather than hereditary nobility.
   • The Chamber of Deputies was to be directly elected, though voting rights were restricted to select citizens (typically property owners and literate men).

4. Enhanced Role for the Monarch

   • While the king no longer had absolute moderative power, his role in governance was still strengthened compared to the 1822 Constitution.
   • The monarchy retained influence in executive and legislative affairs, though it was not absolute.

Impact of the 1838 Constitution

• The document was a compromise, attempting to satisfy both radical liberals and constitutional monarchists, but it did not end political instability.
• Charterists (supporters of the 1826 Constitutional Charter) opposed the abolition of the moderative power, while radicals sought even more democratization.
• The restriction of suffrage to select citizens meant that Portugal was not yet a fully democratic state, maintaining elitist control over governance.

Conclusion – A Temporary Solution Amid Ongoing Conflict

Though the Constitution of 1838 sought to balance liberal and monarchical principles, it failed to bring long-term stability. Over the next decade, Portugal would continue to experience political struggles, culminating in the return of the Constitutional Charter in 1842 and further changes to the nation’s governance.