The Cortes of Cádiz (1812) and the Dawn of Liberalism in Spain
The Cortes of Cádiz (1812) and the Establishment of Liberalism
The Rise of Liberalism
The historical process known as the liberal revolution led to the decline and eventual disappearance of the Old Regime, giving rise to the Liberal State, capitalism, and bourgeois society. Liberalism, rooted in the Enlightenment, championed several key principles:
- National sovereignty
- Economic freedoms
- Separation of powers
- Individual rights and freedoms against the state
- Legal equality
- Abolition of estate privileges
These ideas gained traction within the Cortes of Cádiz, primarily driven by the bourgeoisie and, to a lesser extent, some members of the nobility and clergy. Cities with a thriving middle class, such as Cádiz and Barcelona, became centers of the liberal revolution.
1. The Cortes of Cádiz
The War of Independence, ignited by the uprising in Madrid on May 2, 1808, sparked resistance against French occupation throughout Spain. Local and provincial juntas formed, sending representatives to the Supreme Junta chaired by Floridablanca. Representing Fernando VII, the Supreme Junta was tasked with organizing the war against Napoleon and convened the Spanish Cortes to:
- Counter the reformist project of Joseph I, supported by pro-French factions.
- Address the wartime struggles and the decline of the Old Regime.
The Cortes, comprised of members from all sectors of society, met in Cádiz in 1810—the only major Spanish city not under French control. Two opposing viewpoints emerged:
- The nobility and clergy advocated for Cortes estates to reaffirm the King’s sovereignty.
- Liberals (middle class) championed national defense through the Cortes, asserting that the nation should hold decisive power through parliamentary representatives.
The triumph of the liberal position marked the beginning of a liberal revolution in Spain. The Cortes of Cádiz pursued three main objectives:
- Dismantle the Old Regime by abolishing institutions like the Mesta, entail, the Inquisition, and guilds.
- Adopt a constitution to establish a new liberal political order.
- Develop a capitalist economy.
2. The Constitution of 1812
Spain’s first constitution, approved on March 19, 1812 (La Pepa), reflected a liberal character and served the interests of the bourgeoisie. Its core principles included:
- Limited power of the King
- Division of powers with an independent judiciary
- Establishment of a parliamentary monarchy
- National sovereignty, marking the end of absolute monarchy
- Universal male suffrage (over 25 years of age)
- Legal equality for men, eliminating estate privileges
- A powerful unicameral legislature elected every two years, sharing power with the King (who could sanction and veto laws)
The 1812 Constitution also:
- Recognized citizen rights
- Established a standing army and national militia under the King and Parliament’s authority
- Promoted a centralized, unitary state divided into provinces and municipalities, ending territorial privileges
- Recognized a confessional state with Catholicism as the sole religion
Beyond the Constitution, the Cortes of Cádiz enacted significant legislation:
- Established a new concept of free and full private property
- Initiated the confiscation of Church property, properties of those considered pro-French traitors, and properties of military orders to address economic problems
- Enshrined freedom of the press
- Abolished the Inquisition
- Eliminated tax and fee privileges for the nobility and clergy (including entail and tithes)
- Established economic freedoms, including free markets and trade
The impact of the Cortes of Cádiz was initially limited due to the ongoing French occupation. After the French withdrawal, the Cádiz deputies attempted to implement the new laws nationwide, but faced opposition from the nobility and clergy. Fernando VII, upon his return, aimed to restore absolutism and the Old Regime, repealing the Cádiz legislation. Liberals fought for its reinstatement, briefly succeeding in 1820, but Fernando VII again revoked it in 1823, returning to absolutism. Following his death in 1833, the restoration process resumed, culminating in the adoption of a new constitution in 1837.