Spanish Constitution of 1812: Cortes of Cádiz and Liberal Triennium
The Cortes of Cádiz
The Supreme Central Junta, unable to effectively direct the war, dissolved itself but initiated the process of convening the Cortes. This was because the nation’s representatives were to decide on its organization and destiny. While the Parliament convened, a regency of five members was maintained.
The election of deputies to the Cortes and their meeting in Cádiz were challenging. In many cases, replacements were chosen from individuals already in Cádiz. The Cortes opened in September 1810, with the liberal faction securing a single chamber, opposing the traditional representation of rank. The first session adopted the principle of national sovereignty.
The Constitution of 1812
A parliamentary committee drafted the constitution, which was promulgated on March 19, 1812, St. Joseph’s Day, earning it the nickname “Pepa.” It was a lengthy document comprising 384 articles.
The Constitution included a declaration of citizens’ rights: freedom of thought and opinion, equality before the law for all Spaniards, the right to petition, civil liberty, property rights, and recognition of the legitimate rights of all individuals within the Spanish nation. The nation was defined as the collective of all citizens from both hemispheres.
Structure of the State
The state structure was that of a limited monarchy, based on the division of powers rather than divine right. The legislature, a unicameral parliament, represented the national will and held broad powers, including lawmaking and budget appropriation. Members served two-year terms. Suffrage was universal for males and indirect. The monarch headed the executive power, with the premiership, and participated in law drafting through initiative and sanction, possessing a two-year suspensive veto. Monarch’s decisions required ministerial countersignature. The administration of justice was the exclusive domain of the courts, establishing the basic principles of the rule of law.
Other provisions included tax and finance reforms, the creation of a national army, conscription, and the introduction of public and compulsory primary education. The territory was divided into provinces, each with a provincial council elected by the people. The government also created the National Militia. The Constitution reflected a compromise between liberal bourgeoisie sectors and the absolute affirmation of the Catholic confessional state.
The Liberal Triennium (1820-1823)
On January 1, 1820, Rafael del Riego led a military rebellion in Andalusia, proclaiming the 1812 Constitution. The army’s passivity, liberal actions in major cities, and peasant neutrality forced Ferdinand VII to accept the constitution. He formed a new government, declared an amnesty, and called for elections to the Cortes. The elections resulted in a majority of liberal members, who began legislative work. They restored freedom of industry, abolished guilds, primogeniture, and feudal courts, and sold monastic lands. They also reduced tithes, reformed the tax system, the penal code, and the army. They promoted the liberalization of trade and industry by removing barriers to the free movement of goods, thus fostering the development of the bourgeoisie. Finally, they began modernizing the country’s political and administrative systems. Provincial councils were formed and elected, and the National Militia, composed of the urban middle classes, was developed to guarantee order and defend constitutional reforms.