Cadiz Courts & the Constitution of 1812: A Turning Point
Cadiz Courts and the Constitution of 1812
Process Leading to the Formation of the Courts
While the Spanish War of Independence unfolded, two power structures emerged in Spain:
- Official Power: Joseph Bonaparte, governing based on a constitution.
- Popular Power: The people, assuming sovereignty through local and provincial boards. These were directed by a Supreme Central Board, presided over by Floridablanca, governing on behalf of Ferdinand VII in his absence.
The Supreme Junta Central had two primary goals:
- Organize resistance against the French invasion.
- Reform the old regime, agreeing to convene courts to decide on necessary reforms.
The invasion of Andalusia by Napoleon’s troops forced the Junta to retreat to Seville and later Cadiz. Unable to effectively conduct the war, the Junta dissolved itself, handing power to a Council of Regency, which decided to hold elections for the Constituent Cortes.
Formation of the Courts
On September 24, 1810, the Courts of Cadiz were inaugurated, comprised of 300 deputies representing all Spanish communities and the Spanish American colonies. The members, including clergy, attorneys, officials, and practitioners, manifested three main ideological currents:
- Absolutists: Supporters of Ferdinand VII, aiming to restore the nobility and clergy to their former power.
- Jovellanistas: Proponents of enlightened despotism, advocating for reforms from the top down (from the monarchy) with the king’s collaboration. They were largely from the upper bourgeoisie.
- Liberals: Influenced by the French Revolution, they sought to establish a liberal state based on national sovereignty and the separation of powers. Though a minority, they successfully imposed their ideas.
The Work of the Courts of Cadiz
The members of the Courts set two main objectives:
- End the Ancien Régime (AR).
- Establish the foundation for a new regime, leading to social, economic, and political reforms.
Economic and Social Reforms:
- Abolition of privileges for the nobility.
- Abolition of the law of primogeniture.
- Abolition of the Inquisition.
- Suppression of guilds, decreeing economic freedom (capitalism).
- A timid church disentailment.
Political Reforms:
A constitution was promulgated on March 19, 1812, known as La Pepa. This established a liberal state model based on national sovereignty and the separation of powers.
The Constitution of 1812
Key Features:
- Separation of Powers:
- Executive Power: Vested in the king and his ministers, but limited by the Cortes. The king sanctioned government actions and participated in lawmaking.
- Legislative Power: Unicameral Cortes, elected every two years by universal suffrage.
- Judicial Power: Held by the courts.
- Comprehensive bill of rights and freedoms, including equality under the law, inviolability of domicile, freedom of the press, and freedom of expression.
- State religion: Catholicism was declared the official religion, with the state undertaking to maintain it.
- Form of government: Constitutional monarchy.
Functions of the Courts:
- Drafting legislation.
- Voting on budgets.
- Intervening in succession to the crown.
- Approving international treaties.
- Commanding the army.