The Evolution Of Portugal's First Republic Constitution

The first constitution of the Portuguese Republic was proclaimed on 21 August 1911, following the 5 October 1910 revolution that overthrew King Manuel II. The constitution was passed by the assembly and inaugurated a parliamentary regime with a bicameral system and little power in the hands of the president. This marked the beginning of a complex and unstable 16-year period in Portugal's history, known as the First Portuguese Republic, which saw eight presidents and 45 prime ministers. The current Constitution of Portugal, officially the Constitution of the Portuguese Republic, was adopted in 1976 after the Carnation Revolution.

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The 1976 Constitution of the Portuguese Republic

The 1976 Constitution was not Portugal's first. It was preceded by several constitutions, including the first in 1822, which followed the Liberal Revolution of 1820. This was followed by constitutions in 1826, 1838, 1911, and 1933. The 1911 Constitution was the first republican constitution, passed by the assembly on 20 August 1911, and inaugurated a parliamentary regime.

The fundamental principles of the 1976 Constitution covered the first eleven articles. It established Portugal as a democratic state based on the rule of law, the sovereignty of the people, and the safeguarding of fundamental rights and freedoms. It also promoted equality between men and women and universal suffrage, with political power being exercised through direct and secret ballots. The 1976 Constitution also addressed the role of the president, including eligibility, term limits, and the nomination process.

The 1911 Constitution

The First Portuguese Republic was a turbulent and unstable period in Portugal's history. Despite initial hopes that the republic would solve the issues inherited from the monarchy, the country faced internal divisions and external threats. The republicans were anticlerical, and Pope Pius X condemned their approach to the separation of church and state in the encyclical Iamdudum issued on 24 May 1911. The First Portuguese Republic also had to navigate the complexities of World War I, with Portugal committing to military operations against Germany in November 1914.

The 1933 Constitution

The constitution also outlined the role of the president, including restrictions on their activities. Article 76, for instance, states that the President of the Republic may only travel abroad with the assent of the National Assembly and the Government, with failure to observe this provision resulting in the loss of office.

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The 1822 Constitution

The Portuguese Constitution of 1822, also known as the Political Constitution of the Portuguese Monarchy, was approved on 23 September 1822 and was the country's first constitution. It was an attempt to end absolutism and introduce a constitutional monarchy, marking a significant step towards democracy in Portugal.

The constitution was the culmination of the work of the Constituent Cortes of 1820, which was convened after the Liberal Revolution. The Cortes began its work in January 1821 and concluded after King John VI swore allegiance to it in October 1822. The constitution was considered generally progressive for its time, drawing inspiration from the Spanish Constitution of 1812 and the French Constitution of 1791.

The document had several key provisions. It defined the territory of the nation as the United Kingdom of Portugal, Brazil, and the Algarves, which included the Kingdom of Portugal, the Adjacent Islands of Madeira and the Azores, the Kingdom of Brazil, and territories in Africa and Asia. It removed the feudal privileges of the clergy and nobility, established the separation of powers between the executive, judiciary, and legislature, and declared that legislative power resided with the unicameral Cortes, which was to be elected by the nation every two years. While executive power was vested in the king as head of the government, he could only exercise a suspensive veto over the Cortes' decisions and could not dissolve it.

The constitution also granted the vote to all literate men aged 25 and over, who could then vote directly for their representatives in the Cortes, replacing the previous system of indirect elections. However, it's important to note that this franchise excluded women, the illiterate, members of religious orders, and servants, amounting to an estimated 80% of the population who could not read.

The constitutional monarchy established by the 1822 Constitution faced challenges and was only in force for two brief periods: from its approval in 1822 to 3 June 1823, when John VI suspended it during the Vilafrancada uprising, and from 10 September 1836 to 20 March 1838, following the September Revolution, when it was replaced by a new constitution. Despite its short duration, the 1822 Constitution was pivotal in Portugal's democratic history, serving as a foundation for subsequent constitutions.

The 1826 Constitution

The 1822 Constitution of the Kingdom of Portugal, Brazil and the Algarves was the first Portuguese constitution. It was approved on 23 September 1822 and was an attempt to end absolutism and introduce a constitutional monarchy. It was replaced by the Constitutional Charter of 1826, also known as the Carta Constitucional or simply the Carta.

The Carta provided for a bicameral Parliament. The upper chamber, modelled after the British House of Lords, consisted of hereditary peers. The chamber of representatives was partially elected and partially appointed by the king. The 1826 Constitution was far more conservative than the 1822 Constitution because the king also attempted to satisfy advocates of absolute monarchy. This faction rejected the Carta, which was set aside when the absolute monarch Dom Miguel I of Portugal seized power. It was reintroduced after the victory of the liberals in the Miguelite War.

After the war, liberals throughout the country were divided on the question of whether the Carta should be restored or whether a constitution modelled after that of 1822 should be introduced. The Cartistas (advocates of the Carta) and the Setembristas (advocates of a liberal constitution) quarrelled bitterly, which ultimately led to civil war. The 1826 Constitution was abolished after the September Revolution in 1836, and the 1822 Constitution was temporarily restored while a new constitution was produced.

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