Evolution of Spanish Law: From Roman Roots to Constitutionalism
Common Law and Roman Influence: Western European countries underwent national legal changes. The IVA-S11-Discovery Compilation Manuscripts of Justinian (Italy) were compiled with great interest by scholars. These precepts of Canon and Feudal law were for practical use, forming the basis of Canon Law and Roman Law (Digest – Bologna School studied these texts). The gloss is clear, with precepts, Azzo’s stresses, and Summa greed. Canon Law saw doctrinal development with the Gregorian Reform (7th), Gra’s “Decretum” containing various sources of Canon Law commentary. Feudal Law (GOT-LIBRI Feudorum private) and Sutor Anonymous provided a joint decision relating to feudal judicial matters.
In Spain, the “Exception Petri Legume Romanorum” was done in Provence by Peter, with a foreword and 4 books of criminal excerpts from Justinian’s Codex. “Lo Codi” (1149) is a summary of Justinian’s laws for the justices of Catalan Provenza, translated into Castilian, French, and Latin. Post-glossators tried to combine Justinian with barrel, feudal, and statutory (municipal) laws. Bartolo and Baldo emphasized this.
Alfonso X and Royal Jurisdiction
Alfonso X’s Real Jurisdiction comprised 4 books of religious, political, judicial, civil, and penal material. Laws came from the courts, municipal judges, and were in some locations (due to the tendency to replace Alfonso’s fueros municipales). It was inspired by the Foro de Soria. The Speculum, a legal body formed of 5 books (originally 9), contained a parachute of items.
Las Siete Partidas: A Key Code
Las Siete Partidas represents the reception of law in Castile. Its sources include ecclesiastical matters, public law, judicial organization and procedures, civil law, and criminal law (with reference to the status of Muslims and Jews). Inspired by Greek, Latin classics, the Bible, fueros medievales, Roman law, and canon law, it was translated into Catalan, Portuguese, Galician, and English. There were 3 editions: AD Montalvo (1491), G. Lopez (1565), and dela Academy history (1807). By the mid-14th century, items were doctrinal and not legal.
The Cadiz Constitution of 1812
The Constitution of 1812 is considered the beginning of the constitutional regime in Spain. The Cadiz courts were convened to legislate and draft a constitution for Spain, formulating 3 fundamental principles: political unity, national sovereignty, and courts composed of deputies from the nation and the hereditary monarchy. Known as “La Pepa”, it was adopted on March 19, 1812, imitating some articles from the French Constitution of 1791. It attempted to combine traditional ideas with revolutionary principles, achieving a transnational balance.
Principles of the 1812 Constitution
- National sovereignty
- Division of fundamental powers
- Rights and freedoms of expression, association, and the press
- Private property
- Recognition that the king is superior to the courts but limited by the constitution
It was rigid, with a system of representation that was not class-based. It is divided into 3 parts: The Nation as an independent sovereign, the king, and the judiciary with judges and courts. It established equality before the law, guaranteed a scheme, and declared the Catholic religion as the state faith. It laid the groundwork for the Spanish encoder position. It was repealed in 1814 by Fernando VII, returned in 1820, and again in force in 1836, only to be repealed in 1823. It was later enforced after the mutiny on the farm.
The Royal Statute of 1834
The Royal Statute of 1834 was inspired by the French charter granted in 1814. It set the division of the court into two chambers: procuradores. It was conservative and failed to meet liberal or conservative expectations. It supports national sovereignty and imitates the 1814 French charter of Luis XVIII. It regulates fundamental rights, and the electoral system is very selective.
The Constitution of 1837
The Constitution of 1837 was the result of the coup of the sergeants. Presented on February 24, 1837, it was inspired by the French Constitution of 1830, the Spanish Constitution of 1812, the Royal Statute of 1834, and the Belgian Constitution of 1831. It was grassroots and based on national sovereignty, with 77 articles listing rights and freedoms and being flexible.
Principles of the 1837 Constitution
- National sovereignty
- Revision of ordinary laws
It consisted of two chambers: the Congress and Senate (legislative text). Members were appointed by the king (must be over 40 years old and wealthy). Each province had a senator (the king’s sons automatically at 25), and 1 deputy per 50k inhabitants of each province. Electoral control was by councils and municipalities.
There was a critical ideological struggle over the function of the government’s inauthenticity of national will, difficulties in forming governments, and a central liberal government. It was in effect for 8 years.
The Constitution of 1845
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