The 1812 Cadiz Constitution: A Foundation of Spanish Liberalism
Policy reforms aimed at dismantling the Old Regime began to be applied only a few years later, in revolutionary France. However, the process met with strong resistance from absolutists, with periods in which they returned to power with more force. Thus, the Old Regime did not disappear completely until late in the century. Moreover, the liberalization measures appeared first during the reign of José I Bonaparte.
The Cortes of Cadiz
During the War of Independence, occupied Spain not only withstood attacks but also sought to lay the legal foundation for the modernization of the country. The process of convening the Cortes had begun with the Central Supreme Council, which sought to carry it out by the traditional procedure of the Old Regime, by estates. However, it dissolved in 1810 and moved to the Council of Regency. Established in Cadiz, the King’s replacement was responsible for convening the Cortes. The Regency Council called the Cortes of Cadiz.
Once the election was completed, its solemn opening took place on September 24, 1810. The war influenced the many absences, and it was decided to replace those who could not cross the French lines. The majority social component was the urban middle class, without missing elements of the clergy and nobility. The prevailing ideology was liberal, pursuing individual freedom, separation of powers, and the right to private property. Therefore, it was necessary to have a legal framework to guarantee these ideals, which would inspire the Constitution. The Cortes of Cadiz were the first modern Cortes, with a single voting system in which elected representatives laid the foundations of liberalism, destroying the principles of absolute monarchy and ending the Old Regime.
The liberals ensured the call was not made by estates but as a single assembly, where each member had one vote, whose value was equal to that of any other member, irrespective of the estate to which they belonged. The voters were men older than 25 years. Elected members of the church, lawyers, and officials predominated. However, the lack of representation of the peasantry in the Cortes is notable, as they played a key role in the fight against the French invaders. Representatives of the American territories were appointed among the natives of these territories, members of a liberal bourgeoisie.
In the Cortes Constitution Act, several principles were established that represented a liberal-inspired approach, totally contrary to the conceptions of the Old Regime, but still proclaiming Ferdinand VII as the legitimate ruler:
- The Cortes declared that sovereignty resided in the nation and raised the division of state powers, assigning the legislature to the Cortes, and set as its main objective the development of a constitution.
- The legislature lay in the Cortes, the executive was held by the king, and the judiciary by the courts.
As the Cortes of Cadiz were dominated by the liberal sector, they represented the first episode of the liberal bourgeois revolution. Thus, their goal was to create a new model of society built on the three pillars of liberalism:
- Economic freedom, demanding the abolition of the feudal and manorial system and the liberalization of ownership and labor.
- Legal equality, requiring the abolition of feudal privileges and the consideration of all people as equal citizens before the law.
- A parliamentary political system and constitution, which called for the abolition of the absolute power of the king and the drafting of a constitution.
The result of the legislative work of the Cortes was the promulgation of a set of laws and decrees of economic and social liberation, freedom of the press, and suppression of the Inquisition. But the main task of this court was the enactment of the first authentic Spanish Constitution.
The Constitution of 1812
The Constitution of 1812 is considered, along with the French and American ones, one of the best models of the first Western constitutionalism. It was the result of a compromise between liberals and absolutists, being more favorable to the former as it defined a liberal state, while absolutists were granted full recognition of the rights of the Catholic religion. Adopted on March 19, 1812, it was very long (10 titles and 184 articles). The following points are highlighted:
- Sovereignty resides in the nation, which is represented in a unicameral Parliament, with members elected by indirect universal suffrage.
- Declaration of the state as denominational and the Catholic religion as its own.
- Executive power rests with the King who, in turn, shares legislative power with Parliament. He is not subject to political control, and limitations on his power are reduced to not being able to dissolve Parliament and not being able to leave the country or marry without their permission.
- Judicial power is vested in the courts. Special courts are created for ecclesiastical and military matters.
- Creation of a standing army and a national militia, with the dual aim of strengthening the army and defending the liberal state.
- Based on census suffrage, only voters who paid a certain amount to the Treasury could vote.
The Constitution of Cadiz had three periods of validity: 1812-1814, 1820-1823, and August 1836 to June 1837. Following the promulgation of the Constitution, elections were held. The result led to ordinary courts completing the reforming work of the Constitution with the following decrees:
- Abolition of the court system, but ultimately, the measure favored the nobles who became owners of the estates they administered.
- Elimination of primogeniture and suppression of the guilds, thus decreeing freedom of production, procurement, and trade.
- Freedom of the press.
- The Inquisition was suppressed. Seizure of Waqf property and monasteries.
- Declaration of the confiscation of property owned and vacant, but it was not effective.
Regarding its content, decrees and orders could be divided into political, social, and economic reforms.
Finally, it created a centralization of finance and removed corporate privileges.
Political Reform
National sovereignty, division of powers (legislative, judicial, and executive), indirect universal suffrage (all men over 25 years voted, and elected representatives later elected a representative of the entire population, thereby creating a single chamber, not estates), established a constitutional monarchy (the king must enforce the laws as a normal citizen), and finally, Catholic confessionalism (the proclamation of the Catholic religion as the only universal one). Finally, completing the task begun by Godoy, the Inquisition was abolished.
Social Reform
The estate society disappeared, abolishing feudal rights, which involved ending feudal rights. Equality under the law was implemented, all citizens of whatever kind had the same rights and laws, and private property was allowed.
Economic Reform
Economic liberalism was implemented under the influence of Adam Smith, who proposed the free market, trade, etc. This led to the free market, the abolition of the guilds with the consequent freedom to work. The economy was liberalized, introducing the law of supply and demand, seeking to maximize profits. The state should not intervene, and properties associated with the church were sold off, initiating land reform.
Other Aspects
Reorganization of the administration, public finance reform, establishment of a national army, removal of blood tests to join the army, implementation of the first public schools, and finally, establishment of freedom of the press.
The Constitution of 1812 represented the first serious attempt to streamline the State and the exercise of power based on the principles of liberalism, thus serving as a model for subsequent European and American constitutions, and the Spanish constitutional development of the 19th century. It was extremely important, especially in laying the foundations of liberalism, but the effectiveness of its application was limited due to the war situation, the impossibility of applying the statutory provisions, and finally, the return of Ferdinand VII, who, upon returning from his abduction in France, abolished the Constitution to return to his initial absolutist policy.