Spanish Constitution of 1812: Principles and Impact
Principles of the Constitution of 1812
The Constitution of 1812 established several key principles:
- National Sovereignty: This was one of the most controversial issues. Juan Nicasio Gallego supported full national sovereignty, a position that ultimately triumphed in the Courts of Cadiz.
- Separation of Powers: The executive power was handled by the king, who had a two-year suspensive veto. The judiciary was limited to courts of law.
- Freedom of the Press: Although partial, it authorized any citizen to write, print, and publish their ideas without prior censorship.
- Abolition of Fiscal Privileges: The Constitution ended the fiscal privileges of the nobility.
- Recognition of Individual Rights: Among others, the Constitution recognized the equality of all citizens, security, the inviolability of the domicile, freedom of the press, individual property, and the right to basic education.
- Proclamation of Universal Male Suffrage: Members of the unicameral parliament would be elected by Spaniards over 25. The process was indirect and phased: local, provincial, regional, and national.
- Catholic Denominational Status: Catholicism was established as the state religion.
Extremadura in the Courts of Cadiz
In 1810, Extremadura was assigned a quota of 12 representatives in the Courts of Cadiz. The method of selection was not satisfactory to all. One deputy was chosen by the Supreme Board, two were allocated to the cities of Merida and Badajoz (as they had been represented in previous Courts of 1789), and the others were to give voice to the rest of the province. This aroused suspicion among powerful cities like Plasencia and Trujillo, which felt markedly relegated.
The speeches of Extremaduran representatives focused mainly on issues like freedom of the press, the sale of vacant common land, the removal of the Inquisition, feudal tenure, national sovereignty, and the recognition of Ferdinand VII as King of Spain.
Among the members, Diego Muñoz Vasquez deserves special attention. On September 24, 1810, during the opening day of the Courts, he was the first deputy to speak, making several liberal proposals and securing the approval of two basic decrees: one on freedom of the press and another on national sovereignty. He was appointed chairman of the committee drafting the Constitution and was one of the most notable figures in the drafting of the first liberal constitution in Spain.
Policies of Liberalism
All the ideological and political transformations that occurred in Europe and America in the last third of the 18th century until the end of the Napoleonic Empire formed a common ideological, political, and economic doctrine known as liberalism. Its main reference was the Declaration of the Rights of Man and of the Citizen.
The term “liberalism” identifies a set of ideas that were the basis of political systems created in the 19th century. It is based on some major principles:
- National sovereignty represented by the courts or parliaments
- Separation of powers
- A Constitution defining the basic principles of the relationship between individuals, society, and the state
Introduction
While fighting the battle for independence, the Courts of Cadiz were the first attempt in the history of Spain to create a liberal state.
Political Trends
- Absolutists: Supporters of royal sovereignty and the return to the political, social, and economic development of the Old Regime.
- Liberals: Defenders of freedom, equality, and the right to property. This group argued against the maintenance of estate society and advocated a model of class society in which the criterion of hierarchy was not birth but wealth. They defended the idea of national sovereignty, the establishment of a monarchy built on a constitutional framework, and the separation of powers with an organized legislative body. Notable figures included Muñoz Torrero.
- Jovellanistas: They represented the middle way between absolutists and liberals. They were supporters of shared sovereignty between the king and the Courts and a bicameral system. However, they opposed drafting a new constitution and favored maintaining the old laws and customs.
Composition of the Courts
The composition of the Courts of Cadiz, belonging to what we now call the middle classes, favored the triumph of liberal ideas. Their work is reflected in the creation of the first Spanish constitutional framework, the Constitution of 1812, which was revolutionary because it broke with the Old Regime.