Spanish Constitution of 1812: Summary & Impact
The Central Supreme Board had shown itself incapable of leading the War of Independence on the Spanish side, which would cause its dissolution. Before this happened, in 1810, a process began of inviting representatives from each provincial board to the Cortes to decide on the organization and ultimate fate of the Central Board. At the time, a consultation was organized in the country through the provincial or local authorities on the reforms the Cortes should carry out. The results demanded action against the absolute monarch’s power, due to mismanagement by Charles IV. The first meeting ended with the opening of the Cortes in September 1810, and the supporters of liberalism achieved their first victory with the formation of a single chamber. In the first session, the principle of national sovereignty was approved, acknowledging that power resides in all citizens represented by the Cortes.
A commission of these Cortes prepared a draft constitution that began to be discussed in August 1812 and was finally issued on March 18 of that year, the day of San José, for which it received the popular name “Pepa”. It was a long text of about 384 articles, containing both absolutist and liberal ideas, and was affected by the conflict that still existed at the time: the War of Independence.
Key Provisions of the 1812 Constitution
The 1812 Constitution contains a bill of rights for citizens, stating that the individual is free in thought and opinion, that all Spanish people are equal before the law, declaring the right of private ownership, and recognizing all legitimate rights of individuals in the Spanish nation. The nation is also defined as all citizens of the peninsular territories and colonies.
Structure of the State
The structure of the state was to be based on a limited monarchy and the division of powers, and not on divine right as in the case of absolutism.
- Legislative Power: Resided in the unicameral Cortes, which represented the national will and possessed powers such as making laws, approving budgets, and controlling the army.
- Executive Power: Resided in the monarch, who led the government and took part in the development and adoption of laws. The king’s decisions had to be corroborated by the ministers, who were subject to criminal liability.
- Judicial Power: Was exclusive to the courts and established the basic principles of the rule of law: codes only in civil, criminal, and commercial matters; tenure of judges, etc.
The mandate of the deputies lasted two years and was restricted to men; women could not hold office.
Other Reforms
Other articles of the Constitution addressed tax reform and the Treasury, the creation of a national army, conscription, and the introduction of primary education, which was to be public and compulsory. The territory was divided into provinces, each run by provincial councils, and a council was established in each province. The National Militia was created at local and provincial levels.
The Constitution also embodied the tradeoffs between absolutists and liberals by signing the Catholic confessional state where it was said that the Catholic religion was and is the only state religion and any other anger against the law.
Abolition of the Old Regime
In addition to this series of rights and governance structures, the Cádiz Cortes adopted a series of laws and decrees aimed at eliminating the Old Regime and ordering the state as a liberal one. The feudal courts were suspended, becoming the private property of the lords. This pointed to a type of land reform, but it liquidated the feudal regime, transforming the old masters into landowners, but not benefiting the farmers. The elimination of primogeniture was also carried out to raise funds to help pay the public debt.
The vote to abolish the Inquisition succeeded, despite strong opposition from the absolutists and the clergy. Freedom of the press was approved, at least regarding non-religious matters, as religious expression remained under the control of the Church and conditioned by a censorship board. Finally, trades were canceled, and market unification was pursued.
This first liberalism scored the basic lines of what should be the modernization of Spain.