Spanish Constitution of 1812: A Historical Analysis
The Spanish Constitution of 1812
Classification
This text is, by its nature, a primary source of a legal-constitutional nature because it is the Constitution of 1812. This text was promulgated by the Cortes of Cadiz, which were convened by the Council of Regency during the War of Independence (1808-1814). The authorship, therefore, is collective. Obviously, the Constitution was designed to capture all the Spanish people, in order to establish a new law, ignoring the Charter Issued developed by Napoleon, and so give a basic rule of the people for the people.
Main Ideas
The 1812 Constitution was based on substituting the political bodies of the Ancien Régime with the political bodies of the New Regime. This Constitution was in force from 1812 to 1814—when Ferdinand VII recovered the Crown and nullified the work of Cadiz—, between 1820 and 1823—during the Liberal Triennium—, and finally, between 1836 and 1837, when Maria Cristina was forced to accept it while preparing the Constitution of 1837.
Thanks to the Constitution of 1812, Spain was declared a nation ruled by a constitutional monarchy based on liberal principles: national sovereignty, individual rights, and separation of powers.
The main ideological principles that established the Constitution of 1812, as we see from the articles we studied, are:
- The Spanish State was formed by all Spanish territories, whether mainland or overseas. The colonies were governed under the administration given by the Constitution, like the peninsular territories.
- National sovereignty was established. Decisions would be made by representatives of the people, elected by universal male suffrage, along with the King. Royal families would not have absolute rights but would reign through heredity.
- Individual rights should be respected to protect citizens. These rights include: the equality of all citizens before the law, freedom of the press in the expression of political beliefs, individual ownership, and the right to basic education. Citizens were required to comply with various duties such as obedience to the laws and authorities, paying taxes, etc.
- A consequence of the participation of an absolute minority is perceived in the Catholic confessional statement of the State.
- There was a separation of powers. Executive power rested with the king, while the legislature was ruled by the courts, responsible for fixing laws and other political issues. Judicial power rested on the courts.
Conclusion
The text under consideration, the first Spanish Constitution, is clearly of paramount importance in the history of Spain, since it opens the doors of the contemporary period and is a clear dividing line between the Old Regime and the liberal state, which would have a long and haphazard development throughout the nineteenth century. The Constitution of 1812, although, as noted, short-lived, had a major influence on subsequent constitutionalism, not only in Spain.
All the work rules of the Court of Cadiz (the Constitution and decrees) were annulled by the Royal Decree of May 4, 1814, issued by Ferdinand VII, which restored absolutism in Spain.