The return of the king’s two bodies: liberal arguments for the moderating powers of monarchy in post-revolutionary France and Portugal

Arguments analogous to those found in the late medieval theory of the king's two bodies, popularized by Ernst Kantorowicz, were resurrected in early nineteenth-century constitutional theories of the moderating powers of monarchy. Post-revolutionary French liberal thought, echoed by its Portuguese counterpart, rediscovered the virtues of the institution of royalty, notably the immaterial and immortal body of the king. This rediscovery was prompted by the uncertainties of different national political contexts which made many contemporaries believe it desirable to integrate restored monarchies within modern constitutional models for state stability. This first occurred with the Bourbons' return to post-Napoleonic France and the restoration of the monarchy in 1814, and then with the Braganza royal family's return to Portugal in 1821 after thirteen years of rule from Brazil. Using arguments similar to those previously made in late medieval European political and legal thought, French and Portuguese liberals developed a theory of the king's two powers, according to which the monarch at once exercised a moderating power, defined by the abstract institutional nature of the king's person, and an executive power, embodied within his physical person. This conceptualization of royal duality was intended to make it possible to delegate executive power to ministers, leaving the king only the attributes of a largely symbolic power. Liberals thereby hoped to confine the monarch to his purely institutional body in a de-politicized constitutional role.