Spanish Constitution of 1876: A Historical Analysis
Spanish Constitution of 1876
Historical Context
Amidst a turbulent period in the Republic, marked by the Carlist insurrection, the cantonal movement, and public order issues, General Pavia’s coup d’état ushered in a conservative shift led by General Serrano. This military intervention paved the way for a civilian plot orchestrated by Cánovas del Castillo, culminating in the restoration of the monarchy under Prince Alfonso. While universal suffrage was employed to convene the courts for drafting the constitution, it was largely a formality, as a system was already in place to manipulate the votes. Cánovas aimed to establish a stable political system by preserving key institutions: the Monarchy and the Cortes (Parliament).
Constitutional Process
Cánovas, leading the interim government, envisioned a new constitution for a new era, aiming to transcend past conflicts. Six hundred former parliamentarians deliberated on the ideological foundations of the new regime. From this group, a 39-member committee was selected to draft the text. Elections for the Constituent Cortes were held on December 31, 1875. Despite high abstention, the liberal-conservative party secured a majority due to ministerial control. Cánovas presented the draft constitution, prepared by a commission of notables, to Congress on March 27, 1876. Following discussions, the concise text (89 articles across 13 titles) was approved in May 1876 with 276 votes in favor and 40 against. It was subsequently sanctioned by King Alfonso XII and published.
Nature of the Constitution
This constitution, agreed upon by the Crown and the courts, eliminated the principle of national sovereignty. The flexible text lacked a specific amendment procedure. Its complete and orderly formulations, however, contained ambiguities that allowed for varied interpretations. While suffrage was limited, the law could be easily changed to extend voting rights. The constitution addressed issues briefly, deferring details to subsequent laws. The statement of rights mirrored that of 1869, but some were curtailed while others lacked specificity. These rights were not strongly guaranteed, with their regulation left to common law, subject to each political situation.
Principles of the Internal Constitution
The monarchy’s legitimacy derived not from popular will but from Spain’s historical constitution. The written constitution regulated the relationship between these two institutions within the internal constitution. Article 18 declared, “The power to make laws resides in the courts with the King.” In the restoration process, governments would not resign based on election outcomes or parliamentary majorities. Instead, the parliamentary majority stemmed from the Crown’s confidence in a party, which would then call elections.
Bipartisanship and the English Turn
To prevent instability, a system of alternating government, modeled on the English system, was adopted. This did not preclude other forms of government. The confessional state was reinstated, with private worship of other religions permitted, a topic of extensive debate.
Institutional Bodies
The division of powers was not clearly defined. The King held primacy, exercising executive power shared with the courts.
The Crown
The Crown enjoyed immunity and served as the supreme commander of the Army. Legislative powers were shared with the courts, including the power to legislate, sanction, and promulgate laws, the right to veto, and the authority to convene, suspend, open, and close the courts. The Crown also appointed senators for life. Executive powers included executing laws, appointing ministers and public officials, granting honors and awards, and declaring war.
The Cortes
The moderate influence was evident in the bicameral system and the composition of the Senate (upper house).
Senate
The Senate comprised three classes of senators: those by right (royal children, grand masters, archbishops, grandees of Spain, etc.), lifetime appointees of the Crown, and elected members (representing state corporations, major contributors, etc.). The total number appointed by law and the Crown could not exceed 180, the maximum for elected members. This structure ensured a conservative and elite Senate.
Congress
Congress had a five-year term for greater stability and was obligated to meet at least annually. Elections were held by vote. While both houses had equal powers, laws concerning taxes and public debt were to be submitted first to Congress.
The Cortes lost power to the executive branch, which escaped parliamentary oversight.
Government
The government, not specifically regulated, operated in conjunction with the King, the chief executive.
Term
This constitution remained in effect from 1876 to 1923, when Primo de Rivera’s coup marked its end.