Analysis of the 1812 Constitution of Cadiz and Its Legacy
Constitution of Cadiz Analysis
Classification
Nature of the Text
The text is historical-legal, as it corresponds to a fragment of the Constitution of Cadiz. The articles mentioned (1, 3, 8, 12, 14, 15, 16, 17, 371) are part of the 384 articles comprising the constitution.
Historical Context
The constitution was adopted on March 19, 1812. At that time, the Bourbons had already abdicated, and Napoleon had taken control of the Spanish crown.
Authorship
The constitution resulted from a consensus between absolutists and liberals. Since most Spanish provinces were under French control, natives of these provinces residing in Cadiz were appointed as representatives for those who could not attend. This caused an imbalance in the representatives’ ideology, as most refugees in Cadiz held liberal views.
Audience
The intended audience of the Constitution of Cadiz was Spain and its colonies.
Analysis
Content Overview
This fragment of the constitution includes an introduction referencing King Ferdinand VII, the abdications of Bayonne, and his resulting absence from the kingdom. Articles 1, 3, 8, 12, 14, 15, 16, 17, and 371 present key ideas such as:
- National sovereignty
- Taxation principles
- Catholic, Apostolic, and Roman religion as the sole religion of the nation
- Moderate hereditary monarchy
- Legislative power residing in the Cortes (parliament)
- Executive power held by the monarch
- Freedom of expression
The strong influence of liberal ideology is evident in all these points, except for the article concerning religion.
Historical Commentary
Following the abdication of the Bourbons, Napoleon handed the Spanish crown to his brother, Joseph Bonaparte, bringing Spain under French control. The old regime was collapsing. Popular revolts, like the Dos de Mayo uprising, emerged against the tight political and social control of the French authorities. The Central Junta dissolved itself, making way for a Regency Council tasked with convening the Cortes (parliament) to design a new model for state organization. After moving from Seville, the Cortes relocated to San Fernando (Cadiz Province), then known as Isla de León, holding its first meeting on September 24, 1810. Subsequently, due to the French advance, they moved to Cadiz itself.
The political opinions among the representatives attending the Cortes varied significantly, including absolutists, liberals, and reformists. This posed a challenge when deciding how and where the representatives should assemble – by estates or in a single chamber. Ultimately, a single chamber was chosen, where each representative had one vote. Furthermore, as many Spanish provinces were under French authority, it was decided to appoint natives of those provinces residing in Cadiz as representatives for those unable to attend. This led to an imbalance in ideology, as most refugees in Cadiz were liberals.
A committee was formed to draft the Constitution, and the Magna Carta was adopted on March 19, 1812. It can be said that the Constitution of Cadiz emerged from Enlightenment ideas, opposition to the French invasion, and the old regime. It held great significance both at the time and continues to do so today. Despite its short duration due to the return of Ferdinand VII, the constitution served to:
- Abolish the Inquisition
- Create a new concept of the nation
- Establish the separation of powers
- Guarantee freedom of expression
These values remain relevant today, although some aspects, like the universal male suffrage established then, have evolved.
Conclusion
Ultimately, the Constitution of Cadiz reflects the liberal ideology of its time. It holds immense importance for Spain due to its profound significance and the innovations it introduced in contrast to the old regime.