Search results for "Granted constitution"
showing 4 items of 4 documents
THE AMBIGUITIES OF « GRANTED CONSTITUTIONALISM » : A TRANSATLANTIC DEBATE (II)
2017
After France, and before Brazil, the second article concerns Portugal. The portuguese legal framework was appropriate to stem the birth of the constituent power. Reconstructed on the basis of an apocryphal transcription of its founding pact, the Cortes of Lamego of 1143, the portuguese public law benefited on top of a written document born in the XVth century, the Ordenações. This double peculiarity, making "iberian liberties" a model of the ancient constitutionalism, explains the reverential respect for these medieval borders and the hatred following Dom Pedro's granting in 1826. In these conditions, and in spite of the program followed by a "granting power" which refuses to define itself …
LES ÉQUIVOQUES DU « CONSTITUTIONNALISME OCTROYÉ » : UN DÉBAT TRANSATLANTIQUE (I)
2015
In Portugal and in its former colonies, the expression "constitucionalismo outorgado » is part of the constitutional vocabulary since the granting of the Charter of 1826. The French inspiration is obvious ; however, no equivalent expression exists in France. This curiosity leads to measure all the ambiguity of the concept of "granted constitutionalism", an improbable oxymoron according to the president of the Portuguese Republic, Teófilo Braga. Is it about a simple political and linguistic claim, a temporary compromise at the end of a frustrated Revolution? Or does it translate a deeper program, to reconcile both sides of the constitutionalism, ancient and modern ?
The ambiguities of "granted constitutionalism" : a transatlantic debate (III)
2018
Our journey ends in Brazil. According to textbooks of constitutional history, this "periphery" country, recently independent, looked with envy at the European and North American constitutional novelties, not without trying to maintain its identity. Olhos na Europa, pés na América? Doubtless ; still it is necessary to measure the extent of this "Europe", admired in space as in time. The doctrine, criticizing the granted Constitution of 1824, qualified of nominal, had too long hid the reality, even the efficiency, of a constitutionalism in singular outlines, which involves both social and institutional engineering, thus not reducible to the modern constitutionalism. The political actors of Br…
Le constitutionnalisme octroyé - itinéraire d'un interconstitutionnalisme au XIXe siècle (France, Portugal, Brésil)
2019
This book could have been a simple history of constituent power in the 19th century, in countries that experienced the return of the king after tumultuous revolutionary episodes. It is, in part; the reader will find in it the legal and political debates on this question during the periods of contestation of national sovereignty in three deliberately selected countries: the Bourbon Restoration for France; the tumultuous monarchy of Portugal, from the granting of the constitutional Charter in 1826 to its fall in 1910; the Empire of Brazil, since the independence. However, we thought it would be useful to propose something else, by shedding new light on the little-studied phenomenon of granted…