Spanish Constitution of 1845: Analysis and Context
The Spanish Constitution of 1845
Historical Context
The Spanish Constitution of 1845 was a legal text enacted in Madrid during the reign of Queen Isabella II. It replaced the Constitution of 1837 and remained in effect until 1869. The preamble, issued by Queen Isabella II, stated its purpose as modifying the existing constitution. However, it effectively established a new framework for governance in Spain.
Key Provisions
The Constitution of 1845 introduced several significant changes:
- Shared Sovereignty: The principle of shared sovereignty between the Crown and the Courts was established (Article 12).
- Declaration of Rights: A declaration of rights was included, although its practical application was limited and subject to future legislation (Article 11).
- Catholicism as the State Religion: The Constitution reaffirmed Catholicism as the exclusive state religion and committed to maintaining its worship and clergy (Article 11).
- Increased Royal Power: The limitations on the King’s powers established in the 1837 Constitution were removed, effectively granting the monarch greater authority (Article 12).
- Senate Reform: The Senate was reformed to include life members appointed by the Crown from among the high nobility, the Church, the army, the administration, and wealthy individuals. This served as a check on potential radical reforms passed by Congress (Articles 13, 14, 17).
- Centralization of Power: Town councils (Ayuntamientos) and provincial deputations were subjected to greater central government control. Mayors and presidents were appointed by the King, further consolidating power in the monarchy.
- Power to Dissolve Congress: The Crown retained the power to dissolve Congress, with the obligation to reconvene it within three months (Article 12).
- Abolition of the National Militia: The National Militia, a citizen militia established to defend the Constitution, was abolished, further strengthening the Crown’s authority.
Consequences and Legacy
The 1845 Constitution reflected a conservative shift in Spanish politics, consolidating power in the monarchy and the Moderate Party. It effectively excluded alternative political forces and benefited the oligarchy. The subsequent electoral law of 1846 further restricted suffrage, limiting voting rights to a small portion of the population.
The Constitution’s emphasis on centralization created tensions with regionalist movements, particularly in Basque Country and Navarre. The promotion of uniform legal codes across the kingdom also faced resistance. The Moderate government’s policies during this period included suspending land sales, strengthening ties with the Church, and imposing restrictions on the press. The establishment of the Civil Guard aimed to maintain order and protect property.
Despite its conservative nature, the 1845 Constitution also saw some positive reforms, such as attempts to unify the Criminal and Civil Codes and improvements in the tax system. The Moderate government also re-established relations with the Holy See.
In conclusion, the Spanish Constitution of 1845 marked a significant turning point in Spanish history. It ushered in a period of conservative rule, centralized power, and limited political participation. Its legacy is complex and continues to be debated by historians.