Spanish Constitution of 1876: A Detailed Analysis

Posted on Mar 13, 2025 in Law & Jurisprudence

The Spanish Constitution of 1876

The central theme of this text is the Spanish Constitution of 1876, intended to articulate a new regime. It is legal in nature, as it establishes the laws governing Spanish citizens. The author is the Constituent Assembly, influenced by the thought of Cánovas del Castillo (internal constitution). The intended audience is public, addressing all Spanish citizens. The document was created in Madrid, and the Constitution came into effect on June 30, 1876, during the beginnings of the Restoration period.

Key Provisions of the Constitution

The restoration of Alfonso XII was based, in part, on the Constitution of 1876. This text is a fragment of the Constitution, containing articles approved by the Parliament and the King. This Constitution is highly conservative, resembling the Constitution of 1845. Initially, suffrage was based on a census, but it later transitioned to universal suffrage.

  • Article 11: Confirms Catholicism as the state religion. The nation is committed to maintaining the Catholic Church. It also reflects a commitment to respecting those who profess religions other than Catholicism, as long as they respect Christian morality. However, public ceremonies or events other than those of the Catholic religion were not permitted.
  • Article 13: Addresses the new rights of Spaniards. Following Enlightenment ideals, the 1876 Constitution recognizes freedom of opinion, assembly, and association. Everyone has the right to express their ideas and opinions without censorship, both orally and in writing (through the press). Although there isn’t a comprehensive bill of rights, these freedoms are acknowledged.
  • Article 18: Discusses the constitutional monarchy. The power to make laws resides in both the Cortes (Parliament) and the King.
  • Article 19: Describes the composition of the Cortes. Spain adopted a bicameral system, with the Cortes composed of two legislative bodies: the Senate and the Congress of Deputies.
  • Article 20: Details the composition of the Senate. The Senate consists of senators appointed in different ways: senators by their own right, those appointed by the Crown (holding office for life), and senators elected by state members and taxpayers.
  • Article 28: Specifies the method of electing deputies. Members of Congress are elected by the method prescribed by law and can be reelected indefinitely.
  • Article 50: Addresses the executive branch. The King appoints the chief minister and ministers. Following the Enlightenment’s principle of separation of powers (executive, legislative, judiciary), the Constitution grants executive power to the King. The King is responsible for enforcing laws and can dissolve or suspend the Cortes. The King’s person is inviolable; ministers are held accountable for any wrongdoing.
  • Article 75: States that the codes governing the monarchy are uniform throughout the kingdom, eliminating regional variations. After the abolition of fueros (regional privileges), the Constitution establishes a single jurisdiction for all Spanish citizens in all trials.

Consequences and Legacy

The 1876 Constitution laid the foundations of Spanish social and political life at the beginning of the moderate Restoration. Along with *bipartidismo* (two-party system) and *turnismo* (alternation of parties in power), it was one of the pillars of the Restoration’s political system. It was the longest-lasting Constitution in Spanish history until that point. It was suspended with the advent of Primo de Rivera’s dictatorship, with the approval of King Alfonso XIII. It was reinstated until the proclamation of the Second Spanish Republic in 1931. Cánovas’s system, operating through the Constitution, relied on electoral fraud. It ultimately failed because it did not adequately address social demands (particularly from the labor movement) and nationalist sentiments.