The Spanish Constitution of 1876: A Historical Overview
The Spanish Constitution of 1876
Overview
The 1876 Constitution, written by Manuel Alonso Martínez, reflected the spirit of Cánovas del Castillo. It synthesized elements of the moderate 1845 and democratic 1869 Constitutions, establishing a unitary and centralized state. The abolition of Basque privileges on July 21, 1876, further solidified this centralized model.
The Constitution embraced the division of powers characteristic of a constitutional monarchy. It drew inspiration from the 1845 Constitution’s declaration of shared sovereignty between the Cortes and the King (Article 18). From the 1869 Constitution, it retained the broad statement of individual rights and tolerance, although not full religious freedom (Article 11).
Key Features
The 1876 Constitution exhibited a notable lack of specificity in many legal aspects, leaving them to be determined by subsequent laws. This flexibility allowed different political parties to govern according to their principles without altering the fundamental law of the kingdom.
Sovereignty
Article 18, stating that “the power of making laws resides in the courts with the King,” did not aim to establish a patrimonial monarchy. Cánovas explicitly acknowledged that “nations are owners (…) themselves and the source of sovereignty resides in them.” The intention was to reflect the internal constitution of the Spanish nation and address the exercise of sovereignty, not its principle.
Religious Tolerance
Article 11, the most debated provision, addressed the religious question. Cánovas had to overcome significant pressure from the Vatican and the Spanish Catholic Church to secure its approval. The article affirmed Catholicism as the state religion while establishing tolerance for other religions, permitting private worship. This represented a retreat from the religious liberty proclaimed in the 1869 Constitution but also a departure from the principle of Catholic unity that had prevailed before 1869. This compromise ended difficulties faced by Protestant communities in Spain and improved foreign relations, particularly with England.
Parliamentary Structure
The Constitution established a bicameral Parliament, comprising the Senate and Congress (Article 19), continuing a tradition that began in Spain in 1834. The Senate consisted of life senators (by right or royal appointment) and elected senators serving five-year terms. Life senators included members of the royal family, nobility, army, clergy, and government institutions. Elected senators were chosen indirectly by various corporations. This structure reflected the influence of organic theories of representation, aiming to provide specific representation for different interests, contrasting with the general interest representation in Congress.
The Constitution stipulated that Congress be composed of deputies elected based on population, with at least one deputy for every 50,000 people. It did not specify the form of election, leaving open the possibility of adopting universal suffrage.
The Constitution of 1869
Drafting and Approval
A committee of fifteen members drafted the 1869 Constitution in just twenty days. The committee included members from various political factions, including democratic monarchists, unionists, progressives, and democrats. Salustiano de Olózaga chaired the committee. Parliament approved the draft on June 1, 1869, with 214 votes in favor and 55 against. The Constitution was formally promulgated on June 6 and published in the Gaceta de Madrid the following day.
Key Principles
The 1869 Constitution enshrined democratic principles, building upon the actions of the Provisional Government and inspired by the philosophy of revolutionary committees. It aimed to establish the foundation of a democratic state.
Citizen’s Rights
The Constitution outlined a comprehensive list of citizen’s rights and individual freedoms, including freedom of expression, association, inviolability of the home and correspondence, and universal male suffrage. It established mechanisms to prevent the suppression or violation of these rights, considered inalienable. Only the need to preserve state security, as defined by specific law, could justify their temporary suspension.
Public Authorities
The principle of national sovereignty legitimized the parliamentary monarchy. The king, as a constitutional monarch, lost the extensive powers granted under the moderate system. Following the British model, the king reigned but did not govern. The right to dissolve Parliament was balanced by notice periods and the legislature’s leeway. Ministers were required to be members of both Houses, their activity subject to parliamentary control and accountability.
Legislative Power
The legislature held significant importance, assuming full authority for approving and sanctioning laws, a power previously residing with the monarch. The broad powers of the courts aimed to prevent curtailment by the king or government, as had occurred under previous constitutions. The government’s actions were controlled through the principle of ministerial responsibility and dependence on parliamentary approval of budgets.