Spain’s 1812 Constitution: Cádiz Reforms & Liberalism
Cádiz Cortes Reforms (Pre-Constitution)
Freedom of Expression
A decree approving freedom of the printing press was enacted, marking a liberal step. However, political censorship remained, and documents deemed religious were not exempt from scrutiny.
Abolition of the Feudal Regime
Beliefs underpinning the feudal regime were suspended through several measures:
- Jurisdiction: Manorial jurisdiction was abolished, removing a barrier to the modernization of provincial administration.
- Guilds: Guilds were abolished, paving the way for modern liberal-capitalist relations in production.
- Agriculture: The transformation of agriculture was initiated, establishing new dynamics in rural areas, potentially favoring bourgeois land ownership.
Religious Reforms
Significant changes affected the Church’s role:
- The Inquisition was abolished.
- Convents with fewer than twelve members were suppressed.
- Goods belonging to religious orders were disentailed (confiscated and sold).
Administrative Transformation
A new territorial division of Spain was decreed to promote political centralization.
The Spanish Constitution of 1812 (“La Pepa”)
Context and Characteristics
On Saint Joseph’s Day, March 19, 1812, the first Spanish Constitution was approved by deputies in Cádiz. Known affectionately as “La Pepa”, the Constitution was notably long. This length aimed to regulate specific aspects of political life and citizens’ rights comprehensively, thereby preventing interpretations contrary to its liberal spirit.
National Unity and Equality
The Constitution embodied ideas of national unity. On one hand, it aimed to design a common state structure, approving rights for Spaniards generally, superseding the historical rights of individual kingdoms (Article 248 stated there was only one jurisdiction for all Spaniards). On the other hand, it established principles based on the abolition of the old social model of individual and group privileges.
Measures were taken to achieve equality:
- Establishment of a centralized bureaucracy.
- Creation of a common tax system, applying equally to all Spaniards (Article 339 stated that contributions would be distributed among all Spaniards without special privileges).
- Formation of a national army with standardized recruitment.
- Establishment of a single internal market, free from internal customs duties.
Key Constitutional Principles
The Constitution included foundational ideas of national sovereignty and the constitutional state:
National Sovereignty
The Constitution declared that national sovereignty resided in the nation, not the king (Article 2: “Sovereignty resides essentially in the Nation”).
Legislative Power (Cortes)
A unicameral parliament (the Cortes) would hold legislative power (Article 15: “The power of making laws resides in the Cortes with the King”).
Suffrage System
Universal male suffrage was established, although indirectly. However, conditions applied to become a deputy: one had to be a property owner. Employees and landless peasants were excluded (Article 92 stipulated a minimum income requirement for deputies).
Role of the Monarchy
Ferdinand VII was publicly declared King of Spain, but as a constitutional monarch, not an absolute one (Article 14: “The Government of the Spanish Nation is a moderate hereditary Monarchy”).
Religion and State
The Spanish state was declared confessional; Roman Catholicism was the official and only permitted religion (Article 12: “The religion of the Spanish Nation is and shall perpetually be the Roman Catholic Apostolic, the only true one”).
Property Rights
Private property rights were recognized, moving away from the privileged group ownership models of the past.
Aftermath: Absolutism vs. Liberalism
Ferdinand VII’s Return & Absolutist Restoration
At the end of the War of Independence, Ferdinand VII returned to Spain. He promptly cancelled the Constitution of 1812 and all legislative work of the Cádiz Cortes, restoring absolutism.
The Trienio Liberal (1820-1823)
This restoration was not accepted by parts of the military. Various efforts were made to restore the laws approved in Cádiz. Six years later, in 1820, a military coup led by Rafael del Riego forced the King to reinstate the 1812 Constitution, initiating a period known as the Trienio Liberal (Three Liberal Years).
Final Establishment of Liberalism
Facing this liberal resurgence, Ferdinand VII requested help from the Holy Alliance. In 1823, French military support enabled the restoration of absolutism once again. This absolutist phase lasted for ten years (the “Ominous Decade”). Following Ferdinand VII’s death in 1833, a succession war (the First Carlist War) began between liberals (supporting his daughter Isabella II) and absolutists (supporting his brother Carlos). Ultimately, the liberals prevailed, and liberalism was finally established in Spain, although its implementation faced challenges throughout the 19th century.