Spanish Constitutions: A Comparative Analysis

Posted on Feb 12, 2025 in Law

Spanish Constitutions (1808-1845)

Status of 1808

  • Legislative Power: Real initiative enacted. Hearing the cuts.
  • Shaft Power: For the King and King orders and ministers. The responsible ministers.
  • Judicial Power: Independent. The King appoints the judges.

Constitution of 1812 (Cortes of Cadiz)

  • Author: Cortes of Cadiz
  • Characteristics:
    • Affirmation of national sovereignty
    • Introduction of the division of powers
    • Declaration of the equality of all citizens before the law
    • Universal suffrage elections
    • Recognition of broad individual rights and freedoms
  • Legislative Power: Unicameral courts
  • Judicial Power: Courts
  • Executive Power: King, but with limitations as courts cannot dissolve. Ministers should be appointed by the courts.

Status of 1834

  • Author: Governments under Martinez de la Rosa, contributing to closer adherence to the Elizabethan liberal cause.
  • Characteristics:
    • Personal freedom
    • The rights of detainees and prisoners
    • Suppression of customs
    • Inviolability of the prisoner arrested and domestic
  • Legislative Power: Bicameral (establishment of national leaders and attorneys)
  • Executive Axis: The King summoned, dissolving or suspending the courts, appointed heroes narrowly.

Constitution of 1837

  • Author: Progressive liberal government with Juan Alvarez Mendizabal
  • Characteristics: The courts developed the most relevant aspects:
    • Affirmation of religious freedom
    • Freedom of the press
    • Keeping important powers to the King
    • Direct voting and restricted male suffrage (progressive Constitution)

Constitution of 1845

  • Author: The government of the moderate party under Narvaez
  • Characteristics:
    • Rejection of national sovereignty and the constituent power of the people
    • The power of the crown takes precedence over the courts
    • Sovereignty shared between the King and the courts
    • Abolition of the Militia
    • Senators for life
    • Power of the crown to dissolve the courts
  • Crown power prevails in the courts. Congress loses autonomy to disappear the power to call the chambers.

Liberalism: Moderate vs. Progressive

Moderate Liberalism

  • Maintenance of public order and safety of persons
  • Rejection of revolutionary subversion
  • Combining tradition and modern progress
  • Defense of a strong authority
  • Opposition to democracy and universal suffrage
  • Improve relations with the Catholic Church

Progressive Liberalism

  • Expanding the number of people entitled to vote to facilitate individuals of the middle classes the participation in political decisions
  • Distrust of the Catholic clergy
  • Aversion to democracy
  • Deeper and rapid reforms with the intention of expanding freedoms
  • Enhanced maintenance of the national militia

Reign of Isabel II: Most Relevant Policies of the Moderate Party

  • Creation of the Civil Guard (protection security, defense properties)
  • New council law (for appointment of mayors)
  • Reform of the tax system (to improve the effectiveness of tax collection to obtain an increase in state revenue, reduce deficits)
  • Elaboration of the Constitution of 1845
  • Dissolution of the national militia
  • Modification of the electoral legislation
  • State deficit reduction by converting debt
  • Establishment of public primary education