prerogative was "an effective guarantee against the abuse or incompetence of the
strongest of powers - the legislative power – thus being one of the indispensable
sanctions to the principle of division of powers” (Tavares, 1909: 132-133). By allowing
the resolution of conflicts between the legislative and executive powers, ensuring the
convening of the electoral body to have a say on the most serious problems of the
administration, the right of dissolution was "the most perfect consecration of the
representative regime", constituting "one of the most concrete affirmations of the
principle of national sovereignty” (Idem).
As for the political agents, naturally their decisions depended on their positions regarding
the exercise of power. Nogueira Soares perspicaciously noted the variations in opinion as
a result of circumstances. “When the parties are in power, the king reigns and does not
govern. As head of the executive power, the king must limit himself to signing, without
remarks or reflections, all the orders that ministers present to him, no matter how
scandalous or more contrary to public morals (…). As a moderating power, the king must
limit himself to decreeing, without examination or discussion, all dissolutions of the
chamber of deputies, all preparations in the chamber of pares, all adjournments of the
Cortes that the ministers deem appropriate. When they are in the opposition (…), these
parties maintain that the king must refuse to sign all orders which they deem unjust or
scandalous; that he must deny the ministers any dissolutions, adjournments, ministerial
reshuffling; that he must oppose the veto of laws passed by both Houses of Parliament”
(Soares, 1883: 152-153).
In fact, the positions adopted by the party members did not depend on the defence of
doctrinal principles, only on the political pragmatism dictated by the situation.
Dissolutions were justified or not according to the circumstances in which they occurred.
They were always legitimate for the political forces that decreed them, just as they were
invariably reprehensible for those in the opposition. However, the criticisms of the
dissolution mechanism focused not so much on the prerogative itself, but mainly on the
misuse that was made of it, when it was used to “create” parliamentary majorities
through fraudulent elections.
Some debates held in the press clearly summarized the ideas that prevailed in the second
half of the 19th century about the issue of the dissolution of the Chamber of Deputies.
An article by Rodrigues Sampaio, a prominent person in journalism and politics, who
frequently addressed the issue, is significant. He considered that the restrictions imposed
by the Charter on the right of dissolution could not be seen from the same perspective
as the legislator in 1826, since, in its original conception, such right was of little use and
it should have been denied to the Crown. “The right to dissolve is not the right of the
Charter as it conceived it, nor can it, consequently, be restricted to these very serious
and very risky predicaments. The right to dissolve is the right to assess the country's
opinion. These benchmarking operations can be carried out infrequently and can be
carried out very rarely. It's not the frequency that makes them dangerous; it is the
purpose, it is the situation and the way that determine its nature and influence on
institutions and public tranquillity”