Constitutional Charter of 1826
TheCharter of 1826orCarta Constitucional,often simply referred to as theCarta,was the secondconstitutioninPortuguese history.It was given to the country in 1826 by King DomPedro IV.The constitution remained in force, with the exceptions of the periods 1828–1834 and 1838–1842, until the fall of the monarchy in 1910.[1]It was modified in 1852, 1865, 1896, and 1907.[1]The constitution was modelled on the1824 Brazilian constitutionthat Pedro imposed on the country, which in turn was modelled on the failed 1822 Portuguese Constitution, which in turn was modelled on the Spanish Constitution of 1812.[1]
In contrast to the first constitution, thePortuguese Constitution of 1822,approved by the constitutional assembly or cortes (see theLiberal Revolution of 1820), theCartawas an imposed constitution issued by the king under his own authority without the involvement of the people.
TheCartaprovided for abicameralParliament. The upper chamber, modeled after the BritishHouse of Lords,consisted of hereditary peers; the chamber of representatives was partially elected and partially appointed by the king. TheCartawas far more conservative than the Constitution of 1822, because the king also attempted to satisfy advocates of theabsolute monarchy.Nonetheless, this faction rejected theCarta,which was set aside when the absolute monarch DomMiguel I of Portugalseized power, and it was reintroduced only after the victory of the liberals in theMiguelite War.
After the Miguelite War, the liberals throughout the country were divided on the question of whether theCartashould be restored or whether a constitution modeled after that of 1822 should be introduced. Both factions, theCartistas(advocates of theCarta) and theSetembristas(advocates of a liberal constitution), quarreled bitterly, which ultimately led to civil war. TheCartawas restored and set aside repeatedly as one side or the other gained the upper hand. Thus it served as the constitution ofPortugalfrom 1826 to 1828, from 1834 to 1838 and from 1842 until the end of the monarchy in 1910. In 1852 theCartaunderwent significant change in the constitutional reform intended to make it acceptable to theSetembristasas well.
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- ^abcPaquette, Gabriel (2011)."The Brazilian origins of the 1826 Portuguese Constitution".European History Quarterly.41(3): 444–471.doi:10.1177/0265691411405137.ISSN0265-6914.S2CID143140472.