Spanish Constitutions: Duration, Key Features (1812-1931)
Duration of the Spanish Constitutions
Constitution of 1812: Three stages. The first: 19-3-1812 to 4-5-1814. Second stage: *Trienio Liberal* (1820-1823). And the third: 1836 to 1837.
- C 1837: 18-6-1837 to 23-5-1845.
- C 1845: 23-5-1845 to 11-8-1854.
- C 1869: 1-6-69 to 11-2-1873 (First Republic).
- C 1876: 30-6-1876 to 14-9-1923.
- C 1931: 9-12-1931 to 1-4-1939.
Head of State in the Constitutions
The King was inviolable and irresponsible in all these constitutions, except in the Constitution of 1931, which was presided over by the President of the Republic, elected by the deputies. In the constitutions of 1812 and 1869, the King did not have the right of veto. In the 1812 Constitution, he had the power to appoint and dismiss the secretaries of state. In the following five constitutions, he could only appoint and dismiss the ministers. Unlike these, in the 1931 Constitution, the President of the Republic could appoint and dismiss the head of government and ministers. On the other hand, the regency in all the constitutions was designated by the *Cortes*, except in the constitutions of 1845 and 1876, where it was granted to relatives.
Legislative Power
The Constitution of 1812 and that of 1931 vested the legislative function in the unicameral *Cortes* (controlling legislative functions and the government). Unlike these constitutions, the following four were bicameral, between Congress and Senate.
Separation of Powers
All these constitutions declared the separation of powers except for the Constitution of 1845. The first constitution to do so was that of 1812, thus dividing power into legislative, executive, and judicial. Later, the constitutions of 1837 and 1869 would declare it as well. However, the Constitution of 1876 brought with it a difference concerning these last three. This difference was that there was a balance of powers in which the government had to have the confidence of the *Cortes* and the King.
Sovereignty
The different approaches of the respective governments carried out by each constitution were based on a type of sovereignty. This leads to three different principles of sovereignty: national, shared, and popular. The constitutions of 1812, 1837, and 1869 recognized the principle of national sovereignty. The constitutions of 1845 and 1876 recognized a principle of shared sovereignty, both shared by the King and the *Cortes*. The Constitution of 1931 recognized a principle of popular sovereignty.
Suffrage
Suffrage was the most varied topic in the six constitutions. In the Constitution of 1812, universal male suffrage was established for those over 25 years of age. The Constitution of 1837 also did, but it restricted it to males over 25 who paid a minimum contribution fee. Unlike these, the Constitution of 1845, through the Electoral Law, established a census suffrage restricted to 1% of the population. The Constitution of 1869 proposed universal, direct male suffrage for Congress and indirect suffrage for the Senate. The Constitution of 1876, unlike that of 1869, established census suffrage, limited to the largest taxpayers until 1890, when universal male suffrage was approved under a liberal government. Finally, the Constitution of 1931, implanted universal suffrage in which women had the right to vote for the first time.