Genealogy of the notion of Constitution in Portugal: the “fundamental laws” and the “civil constitution”
Celebrating the bicentenary of Portuguese constitutionalism (1822), this article aims to contribute to the study of the genealogy of the notion and concept of “constitution” in this country, which has its origins in the pre-constitutionalism period, long before the Liberal Revolution of 1820. As a m...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7890580 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 41, Nº 121, 2021, pags. 73-102 |
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| Summary: |
Celebrating the bicentenary of Portuguese constitutionalism (1822), this article aims to contribute to the study of the genealogy of the notion and concept of “constitution” in this country, which has its origins in the pre-constitutionalism period, long before the Liberal Revolution of 1820. As a matter of fact, the modern concept of constitution established by the liberal revolutions of the 18th and 19th centuries had its own constitutional ancestors, which are not always notorious or of easy understanding. Generally, the most known and studied of them all is still the concept of “fundamental laws”, which is commonly known today as a synonym of constitution. From 1772 onwards, a new concept came about in Portugal, one of “civil constitution”. Therefore, without neglecting the comparison with what happened in other constitutional latitudes, in order to understand the formation process of the concept of “constitution” in Portugal, we’ve focused our research mainly around the notions of “fundamental laws” and “civil constitution”, which are the closer etymological predecessors to the modern Portuguese concept of constitution, formed as of 1820/22. |
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