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The First Portuguese Constitution of 1822 - 200 Years

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About The First Portuguese Constitution of 1822 - 200 Years

The early 19th century in Portugal was characterised by the spread of liberal ideology, which was seen as a solution for regenerating the country. Political and economic crises created the conditions for the Liberal Revolution of 1820 and, consequently, the convening of the Constituent Cortes, which sat to approve Portugal’s first constitution.

The Constituent Cortes of 1821-1822, inspired by the principles of the French Revolution, the American Constitution and especially the Spanish Constitution of Cádiz of 1812, made this the most remarkable of monarchical constitutions, enshrining the principles associated with the liberal ideals of the time: national sovereignty, parliamentary representation, separation of powers, legal equality and respect for personal rights.

The first members of Parliament approved the Constitution, but that was not the sole function of the Cortes, which also exercised ordinary political and legislative powers, thereby embodying the establishment of the liberal order. It was against this background that the ground-breaking Press Law was passed, as well as the abolition of the Inquisition and amnesty for those imprisoned for political opinions.

A minimum of one hundred MPs, with “one MP for every thirty thousand souls”, were elected through indirect suffrage in multiple election phases that involved parishes, districts and provinces.
Thus was formed the first Portuguese Parliament – the General and Extraordinary Cortes of the Portuguese Nation –, which met for the first time in a preparatory session on 24 January 1821 in the Book Room at the Necessidades Convent, where the texts were vetted and the status and powers of each of the MPs legalised.

The first session of the Cortes, held on 26 January, continued the work of legitimising the elected MPs and, in the hundreds of sessions that followed, work focused on analysing, discussing and approving Portugal’s first constitution, which culminated in the Bases of the Constitution being signed on 9 March 1821, these provisionally entering into force until the definitive constitutional text was finalised.

The two copies of the Constitution were signed by the MPs at the sitting of the Cortes on 23 September 1822, and these same MPs took the oath to the constitutional text at the sitting of 30 September 1822. A few days later, on 1 October 1822, King João VI approved the Constitution and swore allegiance to it.

The liberal ideals fostered by the revolution and set out in the Constitution of 1822 transformed the structure of the state and the way society was organised. Absolutist monarchic principles gave way to the principle of the sovereign nation and subjects became citizens, thus enjoying the principles of citizenship and freedom for the first time.

It is therefore imperative, 200 years on, to remember the extraordinary work of these first MPs with a sense of emotion and responsibility, as today’s parliament is imbued with these values, upholding democratic principles!

José Manuel Araújo
Director of Information and Culture of the Assembly of the Republic