The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865)
Autor(a) principal: | |
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Data de Publicação: | 2021 |
Tipo de documento: | Artigo |
Idioma: | eng |
Título da fonte: | Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos) |
Texto Completo: | http://hdl.handle.net/11144/5293 |
Resumo: | The right to dissolve the elected chambers of parliaments was generally enshrined in the European liberal constitutions of the 19th century as one of the prerogatives of the heads of state in exercising the executive power assigned to them. In Portugal, the Constitutional Charter of 1826 instituted a fourth power – the Moderating Power – which added to the traditional legislative, executive and judicial powers and belonged exclusively to the monarch, in addition to the executive power, of which he was the head. Under the influence of Benjamin Constant, one of the royal powers within the scope of the moderating power was the dissolution of the Chamber of Deputies, which the monarch could decree whenever “the salvation of the State” required it. It was an exceptional measure that should only be used in extreme cases of national political life. However, this royal prerogative became trivialized, becoming a political means used by governments to obtain parliamentary majorities through the use of fraudulent elections. Political practices departed significantly from the constitutional norm and dissolutions of the elective chamber would come to play an important role in the functioning of the regime. This paper examines the constitutional norms and analyses the ten dissolutions of the Chamber of Deputies decreed between 1834 and 1865, highlighting the enormous gap that separates the formal constitution from the real constitution, resulting from the political practices of the agents of power and of the institutions themselves. |
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The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865)LiberalismConstitutional CharterParliamentChamber of DeputiesDissolutionThe right to dissolve the elected chambers of parliaments was generally enshrined in the European liberal constitutions of the 19th century as one of the prerogatives of the heads of state in exercising the executive power assigned to them. In Portugal, the Constitutional Charter of 1826 instituted a fourth power – the Moderating Power – which added to the traditional legislative, executive and judicial powers and belonged exclusively to the monarch, in addition to the executive power, of which he was the head. Under the influence of Benjamin Constant, one of the royal powers within the scope of the moderating power was the dissolution of the Chamber of Deputies, which the monarch could decree whenever “the salvation of the State” required it. It was an exceptional measure that should only be used in extreme cases of national political life. However, this royal prerogative became trivialized, becoming a political means used by governments to obtain parliamentary majorities through the use of fraudulent elections. Political practices departed significantly from the constitutional norm and dissolutions of the elective chamber would come to play an important role in the functioning of the regime. This paper examines the constitutional norms and analyses the ten dissolutions of the Chamber of Deputies decreed between 1834 and 1865, highlighting the enormous gap that separates the formal constitution from the real constitution, resulting from the political practices of the agents of power and of the institutions themselves.OBERVARE. Universidade Autónoma de Lisboa2021-12-21T12:45:36Z2021-12-01T00:00:00Z2021-12info:eu-repo/semantics/publishedVersioninfo:eu-repo/semantics/articleapplication/pdfapplication/pdfhttp://hdl.handle.net/11144/5293eng1647-7251https://doi.org/10.26619/1647-7251.DT0121.7Manique, António Pedroinfo:eu-repo/semantics/openAccessreponame:Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)instname:Agência para a Sociedade do Conhecimento (UMIC) - FCT - Sociedade da Informaçãoinstacron:RCAAP2024-01-11T02:21:58Zoai:repositorio.ual.pt:11144/5293Portal AgregadorONGhttps://www.rcaap.pt/oai/openaireopendoar:71602024-03-20T01:34:23.768428Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos) - Agência para a Sociedade do Conhecimento (UMIC) - FCT - Sociedade da Informaçãofalse |
dc.title.none.fl_str_mv |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) |
title |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) |
spellingShingle |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) Manique, António Pedro Liberalism Constitutional Charter Parliament Chamber of Deputies Dissolution |
title_short |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) |
title_full |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) |
title_fullStr |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) |
title_full_unstemmed |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) |
title_sort |
The Constitutional Charter of 1826 and the dissolution of the Chamber of Deputies. Legal rules, political practices and functioning of the 19 th century monarchical – Liberal Regime (1834-1865) |
author |
Manique, António Pedro |
author_facet |
Manique, António Pedro |
author_role |
author |
dc.contributor.author.fl_str_mv |
Manique, António Pedro |
dc.subject.por.fl_str_mv |
Liberalism Constitutional Charter Parliament Chamber of Deputies Dissolution |
topic |
Liberalism Constitutional Charter Parliament Chamber of Deputies Dissolution |
description |
The right to dissolve the elected chambers of parliaments was generally enshrined in the European liberal constitutions of the 19th century as one of the prerogatives of the heads of state in exercising the executive power assigned to them. In Portugal, the Constitutional Charter of 1826 instituted a fourth power – the Moderating Power – which added to the traditional legislative, executive and judicial powers and belonged exclusively to the monarch, in addition to the executive power, of which he was the head. Under the influence of Benjamin Constant, one of the royal powers within the scope of the moderating power was the dissolution of the Chamber of Deputies, which the monarch could decree whenever “the salvation of the State” required it. It was an exceptional measure that should only be used in extreme cases of national political life. However, this royal prerogative became trivialized, becoming a political means used by governments to obtain parliamentary majorities through the use of fraudulent elections. Political practices departed significantly from the constitutional norm and dissolutions of the elective chamber would come to play an important role in the functioning of the regime. This paper examines the constitutional norms and analyses the ten dissolutions of the Chamber of Deputies decreed between 1834 and 1865, highlighting the enormous gap that separates the formal constitution from the real constitution, resulting from the political practices of the agents of power and of the institutions themselves. |
publishDate |
2021 |
dc.date.none.fl_str_mv |
2021-12-21T12:45:36Z 2021-12-01T00:00:00Z 2021-12 |
dc.type.status.fl_str_mv |
info:eu-repo/semantics/publishedVersion |
dc.type.driver.fl_str_mv |
info:eu-repo/semantics/article |
format |
article |
status_str |
publishedVersion |
dc.identifier.uri.fl_str_mv |
http://hdl.handle.net/11144/5293 |
url |
http://hdl.handle.net/11144/5293 |
dc.language.iso.fl_str_mv |
eng |
language |
eng |
dc.relation.none.fl_str_mv |
1647-7251 https://doi.org/10.26619/1647-7251.DT0121.7 |
dc.rights.driver.fl_str_mv |
info:eu-repo/semantics/openAccess |
eu_rights_str_mv |
openAccess |
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application/pdf application/pdf |
dc.publisher.none.fl_str_mv |
OBERVARE. Universidade Autónoma de Lisboa |
publisher.none.fl_str_mv |
OBERVARE. Universidade Autónoma de Lisboa |
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reponame:Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos) instname:Agência para a Sociedade do Conhecimento (UMIC) - FCT - Sociedade da Informação instacron:RCAAP |
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Agência para a Sociedade do Conhecimento (UMIC) - FCT - Sociedade da Informação |
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RCAAP |
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RCAAP |
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Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos) |
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Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos) |
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Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos) - Agência para a Sociedade do Conhecimento (UMIC) - FCT - Sociedade da Informação |
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1799136821376974848 |