Spain’s 1812 Constitution and the Cortes of Cádiz
Las Cortes de Cádiz and the Constitution of 1812
The beginning of liberalism in Spain occurred in 1812, developing during the Peninsular War and expressed through the Cortes of Cádiz.
The Cortes of Cádiz
The process leading to the Cortes of Cádiz began in the Supreme Central Junta. The Parliament officially opened on September 24, 1810, on the Isle of León, but relocated to Cádiz in February 1811. In the first session, the decree establishing the Cortes was adopted, formulating the principles of the new regime: national sovereignty, the division of powers, and the immunity of deputies. Additionally, Ferdinand VII was recognized as King, and his prior resignation was declared void.
The Cortes of Cádiz aimed to transform Spain’s political, economic, and social structures through two main initiatives: creating a new state framework via a Constitution and dismantling the foundations of the Ancien Régime.
The Constitution of 1812
The first Spanish Constitution was promulgated on March 19, 1812. It was popularly nicknamed ‘La Pepa’, as it was proclaimed on Saint Joseph’s Day.
Key Provisions of the 1812 Constitution
- Form of Government: Moderate hereditary monarchy.
- National Sovereignty: Resided essentially in the Nation.
- Electoral System: Indirect universal male suffrage.
- Division of Powers:
- Executive: The King, exercised through ministers.
- Legislative: The Cortes (Parliament).
- Judicial: Independent courts.
- Rights:
- Liberty and property rights.
- Procedural rights and equality before the law.
- Freedom of the press (for political, not religious, matters).
- Commitment to basic education.
- Taxation: Obligation for all citizens to contribute financially to the state according to their means.
- Religion: Catholicism established as the state religion; only the public exercise of the Catholic religion was permitted (confessional state).
- State Model: Centralized administration.
- Military: Creation of a national military service (National Militia) in each province.
Furthermore, the Constitution defined the Spanish Nation as comprising all Spaniards from both hemispheres, thereby stating equality between inhabitants of the peninsula and the Spanish Americas.
This framework significantly reduced the King’s powers, which were now shared with the Parliament.
The influence of Enlightenment thinkers such as Locke, Montesquieu, and Rousseau is evident in its articles.
The Constitution was in effect until the return of Ferdinand VII in 1814. It was reinstated during the Trienio Liberal (1820-1823) following the uprising led by Riego. It also had a third brief period of validity from 1836 to 1837.
Legislative Reforms
The Cortes of Cádiz attempted to dismantle the social and economic structures of the Ancien Régime through several key measures:
- Abolition of Seigneurial Jurisdictions: This aimed to establish effective equality before the law, ending the judicial powers of feudal lords.
- Repeal of Guilds: These were seen as obstacles to new capitalist production relations and economic freedom.
- Confiscation (Desamortización): Confiscation of certain properties (often Church or municipal lands) was initiated, partly to alleviate the significant public debt.
- Abolition of the Inquisition: It was presented as an obstacle to freedom of thought and scientific development.
Historical Significance and Limitations
The work of the Cortes of Cádiz introduced liberal principles into Spain, establishing concepts like a parliamentary monarchy, separation of powers, and equality before the law. This marks its historical significance and its importance as a model for nineteenth-century Spanish liberals. However, its immediate effectiveness and scope were limited. In a country at war, largely occupied by a foreign army, and where many people remained attached to the traditions of the Ancien Régime, few measures were effectively implemented during its initial period of force.