The Spanish Constitution of 1812
Introduction
This text discusses the Spanish Constitution of 1812, promulgated during the Napoleonic invasion of Spain. This legal document, the first constitution in Spanish history, established the framework for the distribution of powers, institutions, and citizen rights.
Background
The Constitution’s creation stemmed from the political turmoil following Ferdinand VII’s accession to the Spanish throne, the Mutiny of Aranjuez, and Napoleon’s subsequent placement of his brother, Joseph Bonaparte, on the throne. Joseph Bonaparte implemented the Statute of Bayonne, a charter granted by France, not a true constitution.
Meanwhile, the Governing Board left by Ferdinand VII proved ineffective, leading to a power vacuum and discontent with the French troop presence. Napoleon’s strategy, outlined in the Treaty of Fontainebleau, initially involved troop passage through Spain to Portugal. However, Napoleon’s ambitions extended beyond Portugal, resulting in popular uprisings against the French occupation.
Citizen boards were established, culminating in the Supreme Central Council chaired by Floridablanca. This council aimed to convene Parliament, but Napoleon’s military successes forced the council’s relocation to Cadiz. In 1810, despite British support, the Central Board dissolved and a regency was established to continue the parliamentary process.
The Cortes of Cadiz
The Cortes of Cadiz aimed to unify political and ideological criteria, address the power vacuum, and implement political and military reforms. These reforms were enacted in the name of Ferdinand VII, as the Spanish courts traditionally aligned with royal authority.
The Cortes convened on September 24, 1810, debating the organizational system. They adopted the unicameral system from the French Revolution, eliminating social strata barriers. Members were divided into the progressive doceañistas and the more moderate Jovellanos, both supporting Enlightenment reforms. Enlightened clergy, nobility, and representatives from American colonies participated in drafting the constitution. However, most Spaniards, focused on expelling the French and restoring Ferdinand VII, remained unaware of the constitutional process.
The Constitution
The Constitution of 1812, nicknamed “Pepa” as its publication coincided with St. Joseph’s feast day, was promulgated on March 19, 1812. This extensive document, comprising eighty-four articles divided into ten titles, was designed to be rigid and comprehensive, addressing all aspects of governance and preventing a return to the Old Regime.
Key Principles
- National Sovereignty (Article 3): Sovereignty resided with the nation, a revolutionary concept challenging the prevailing absolute monarchy.
- Division of Powers (Articles 15, 16, and 17): The king’s power was limited to the executive branch, sharing legislative power with Parliament. The courts held judicial power, following Montesquieu’s principles.
The Cortes limited royal power by controlling parliamentary sessions and preventing royal interference (Article 172). The king retained the power to enforce laws and grant pardons.
Deputies, considered “representatives of the nation” (Article 27), were inviolable and elected through a four-tier indirect election system based on universal male suffrage, replacing census-based voting. Candidates required a certain income level.
Ministers, appointed by the king, were accountable to Parliament. The Council of State’s role was also defined within the Constitution.