The 1812 Constitution: Birth of Spanish Constitutionalism
The Spanish Constitution of 1812: A Foundation of Liberalism
The 1812 Constitution is a text of legal, historical, political, and judicial significance. Issued on March 19, 1812, in the city of Cadiz, it was created by the Spanish Parliament, which had been installed there since 1810. The recipient of this document was the entire Spanish nation. The text is a collection of articles that formed the first constitution of Spain. A constitution is the basic legal text of any liberal state. It is the framework that governs the state, outlining its minimum operating standards, and serves as the starting point for all other laws.
Key Principles of the 1812 Constitution
Articles 1, 2, and 3 indicate that the Spanish nation (including Spaniards from both hemispheres, referring to the territories in America) is the subject of sovereignty. This means that the Cadiz Constitution establishes the principle of national sovereignty. Power resides in the nation, which freely grants it to its rulers. Sovereignty is the supreme authority of public power. The question of who should hold this power has been one of the key issues in the contemporary history of Spain.
During the 17th and 18th centuries, sovereignty resided in the monarch, who held, in absolute terms, all powers. When liberalism found its way through the Cortes of Cadiz, two distinct positions emerged among the liberal deputies: national sovereignty and shared sovereignty. Proponents of the first view believed that power resided in the nation, encompassing all citizens without distinction, and was expressed through the courts made up of their representatives. For the latter, sovereignty resided in the conjunction of the Parliament and the king. It is clear that the position of national sovereignty was victorious in the constitutional language.
Separation of Powers and Suffrage
Articles 15, 16, and 17 discuss the relations between different powers. The principle of separation of powers, established by Montesquieu in the 18th century, refers to the independence of the three powers (legislative, executive, and judicial) and the control that each has over the other two. This system ensures that no single power can impose itself on the others, promoting self-limitation and preventing tyranny.
Articles 27, 34, and 92 refer to universal and indirect suffrage, and the conditions that must be met to be elected to the courts. Article 142 refers to the special powers of the king, in this case, the right to veto legislation twice.
Fundamental Rights and the Catholic Church
Articles 4, 8, 303, 366, and 371 list and guarantee a series of basic rights:
- Right to property
- Loss of privileges in paying taxes
- Abolition of torture
- Right to education
- Right to freedom of the press and opinion
Finally, Article 12 establishes the Catholic confessionality of the Spanish state. This was a concession to the absolutists present in the Cortes of Cadiz.
Historical Context and Legacy
The historical context in which the 1812 Constitution was prepared was that of the Cortes of Cadiz. The Supreme Central Junta, which had assumed power from the French in 1808, surrendered and summoned the Cortes in Cadiz, the only city free from French occupation. The first debate arose on the subject of the character these sessions should have: the Old Regime type or liberal courts. The bourgeois atmosphere of the city of Cadiz helped the second option succeed in the first session of the Cortes. Another highlight of this first day was the adoption of the principle of national sovereignty.
From March 1811, a committee was responsible for drafting the constitution. The result was a long text, comprising 384 articles in 10 titles. Its character was affected by the war situation and the differences between absolutists and liberals. Moreover, the Constitution also included aspects concerning the organization of the army, the creation of a militia, and territorial division into provinces.
The legislative task of the Cortes of Cadiz was limited to drafting the Constitution and passing a series of decrees that involved dismantling the Ancien Régime in Spain. Its practical effects were not immediately remarkable, as Fernando VII later undid all the laws passed by them. However, its symbolic value was significant. The Constitution of Cadiz was unprecedented and served as a reference for all those in Spain during the 19th century. For those born under the moderate government of 1845, it was a frame too liberal. For those published by the progressives in 1837, it was a model, and for the democrats in 1869, it was a starting point.
Conclusion
In conclusion, the Constitution of 1812 marks the beginning of Spanish constitutionalism and served as a battering ram to demolish the foundations of the Old Regime in Spain.