Studies presented to the international commission for the history of representative and parliamentary institutions 1937–1980

Summary

This article examines the problems faced by the Portuguese Cortes between 1821 and 1823 in attempting to create a constitution. This involved the central issue of whether or not sovereignty resided in the nation or in the person of the king. It led to a polarisation between traditionalists and liberals, although the latter believed that co‐operation between king and Cortes was a precondition for political and social stability. There were also disagreements about whether a royal veto over legislation should be conceded and whether or not a second chamber should be created. A compromise was found over the former, with the Crown receiving a suspensive veto, while a second chamber was rejected. Nevertheless, Portuguese liberals remained divided over the exact role of the Crown within the new constitutional order and that division, combined with the continued strength of traditional forces and external pressures, opened the way for a counterrevolution. Faced with intransigence on the part of the king and the traditionalists, the liberals could only protest by suspending the Cortes. João VI's reply was the declaration of Vila Franca (1823) which proclaimed royal sovereignty and replaced the Constitution of 1822 with one which was only a ‘gift’ from the Crown.