The Spanish Constitution of 1812: A Liberal Revolution
The Spanish Constitution of 1812
A Liberal Revolution
Following the inaugural session, the deputies representing national sovereignty proclaimed the constitutional nature of the courts and began drafting a constitution. After a year and a half of deliberation, on March 19, 1812, the first constitution in the history of Spain was approved.
A Comprehensive and Momentous Document
The Constitution of 1812 is a comprehensive text, with 384 articles, reflecting the deputies’ awareness of the momentous change it represented and their concern about potential annulment by later laws. It emphasized individual rights, a cornerstone of liberal ideology and a significant break from the ancien régime.
Key Principles
Grounded in Spanish medieval tradition, the preamble asserts national sovereignty, declaring Spain a “modern hereditary monarchy.” It establishes the following principles:
- National sovereignty (“resides essentially in the Nation, which therefore has the exclusive right to establish its fundamental laws”)
- Separation of powers
- Limitations on royal power
- A unicameral legislature
- Proclamation of individual rights
- Indirect universal male suffrage
- Legislative dominance over the executive (effectively a parliamentary monarchy)
Executive Power
Executive power is vested in the King, who appoints secretaries. While theoretically answerable to the courts, they could not be removed by them, thus limiting parliamentary control over the government. However, the Constitution imposed twelve limitations on the King’s authority, including prohibitions on suspending or dissolving Parliament, leaving the country without permission, conducting unsupervised foreign policy, marrying without permission, and imposing taxes.
Legislative Power
Legislative power resides in “the Cortes with the King.” Parliament makes laws, and the King promulgates and sanctions them, but also has veto power, allowing suspension of laws up to twice in three years.
The Cortes is unicameral, elected by indirect universal male suffrage (for men over 25 who met certain tax qualifications). Members serve two-year terms.
Religion, Military, and Administration
The Constitution established Spain as a confessional state, recognizing Catholicism as the sole religion. It also established a standing army under the authority of the Cortes and a national militia to strengthen the army in wartime and defend the liberal state.
Administratively, the country was divided into provinces, with popularly elected mayors.
Periods of Enactment
The Constitution was in effect during three periods: 1812-1814, 1820-1823, and 1836-1837.
Ordinary Legislation of the Cádiz Cortes
The Cádiz Cortes enacted legislation to implement liberal principles and abolish the ancien régime. This included abolishing jurisdictional exemptions (though unclear definitions allowed some nobles to continue collecting rents), dissolving the Mesta (sheepherders’ guild), eliminating primogeniture, and declaring a free market. Guilds were abolished, establishing freedom of labor, production, trade, and procurement, aligning with economic liberalism but removing existing worker protections.
Freedom of the press was established for public service matters, excluding religious issues, which remained under ecclesiastical censorship.
Religious Law
Parliament approved extensive religious legislation, beginning a long history of state intervention in church affairs. Measures aimed to reform the Church, redistribute income, improve clergy education, and enhance church administration. These included expropriating vacant properties, abolishing military orders, and eliminating the Inquisition. Conflicts with reactionary clergy led to the removal of some bishops and expulsion of the Papal Nuncio.
Confiscation of vacant properties was initiated to reduce debt and reward retired military personnel. However, many of these provisions were repealed in 1814 with the return to absolutism.
return to absolutism.