We explain what the Spanish Constitution of 1812 was, what it established and in what historical context it was defined. Also, its characteristics and its repeal.
What was the Spanish Constitution of 1812?
The political Constitution of the Spanish monarchy, also known as the Constitution of 1812 and the Constitution of Cádiz, It was the first constitution promulgated in Spain. It was drafted by the Cortes of Cádiz during the Napoleonic occupation of the Iberian Peninsula. It is considered one of the most liberal constitutions of its time.
The Spanish Constitution of 1812 It was enacted in a context of vacuum of authority because many Spaniards were unaware of the authority of the king imposed by the French emperor in 1808. and they embarked on the War of Independence against the French troops.
The Spanish Constitution of 1812 recognized Ferdinand VII, Napoleon's prisoner, as the sole king of Spain, and admitted that in his absence the authority corresponded to the Regency of the kingdom, appointed by the Cortes. The articles of the 1812 Constitution included liberal principles such as national sovereignty, separation of powers, property rights, indirect universal male suffrage, freedom of the press and other political and civil liberties.
The Spanish Constitution of 1812 It was promulgated on March 19, 1812, the day of the feast of Saint Joseph, which is why it was known as “La Pepa.”. It was repealed by Fernando VII on May 4, 1814.shortly after recovering the throne of Spain. However, The influence of the Constitution was fundamental throughout the 19th century both for liberal political activity in Spain and for the independence processes in Latin America.
See also: Cortes of Cádiz
The historical context
At the beginning of 1808, French troops who responded to the authority of the Emperor of the French, Napoleon Bonaparte, They invaded Spain. The French occupation had the support of some Spanish nobles, such as Manuel Godoy, who had been prime minister of the king of Spain, Charles IV.
When the Aranjuez mutiny caused the fall of Godoy and the abdication of Charles IV in March 1808Prince Ferdinand ascended the throne with the name Ferdinand VII. In May 1808, Napoleonic pressure caused Ferdinand VII to become a prisoner of the French. and abdicated in favor of his father, who had already renounced his right to the throne. This situationknown as the Bayonne abdications, allowed Napoleon to appoint his brother, Joseph Bonaparte, as king of Spain with the name of Joseph I.
During the reign of Joseph I, a board of notables promulgated the Charter of Bayonne, a declaration with the character of fundamental law of the kingdom, but Many Spaniards resisted the French invasion from the beginning and ignored the authority of Joseph I. and the Bayonne Charter. This resistance began, in May 1808, the Spanish War of Independence to expel French troops from Spain.
To coordinate their military and government effortsthe Spaniards opposed to the occupation They formed the Supreme Central Board, based in Seville, which in 1810 gave way to the Regency Councilgathered first on the island of León (in the bay of Cádiz) and then in the city of Cádiz. These governing bodies They recognized Fernando VII as king and They called for general and extraordinary Cortes which began to meet in November 1810. The liberal deputies of The Cortes of Cádiz promoted various reforms and promoted the drafting of a liberal constitution.
See also: Crisis of the Spanish Empire
What did the Spanish Constitution of 1812 establish?
The Spanish Constitution of 1812, officially called the Political Constitution of the Spanish Monarchy and popularly known as “la Pepa”, was promulgated by the general and extraordinary Cortes meeting in Cádiz on March 19, 1812. It was the first liberal constitution of Spain and one of the main liberal texts of the 19th century.
The most prominent figures in its preparation were the liberal deputies Agustín Argüelles, Diego Muñoz Torrero and Evaristo Pérez de Castro.
Main features of the Spanish Constitution of 1812
Among the main characteristics of the Spanish Constitution of 1812, the following features stand out:
National sovereignty
It was declared that sovereignty resided in the nation, an idea opposed to the absolutist principle of monarchical sovereignty (whereby sovereignty resided in the king). Furthermore, the monarch was king “by the grace of God and the Constitution.”
Spanish nationality
It was recognized that the Spanish nation was the meeting of all Spaniards from both hemispheres, which meant equal rights between peninsulars and Americans. The Spanish territories were described as provinces of Europe and overseas, but their territorial reorganization was postponed.
Division of powers
The principles of a constitutional monarchy with separation of powers were established:
- Legislative power. It is exercised by the Cortes according to a unicameral system, that is, made up of a single Chamber.
- Judicial power. It is exercised by the courts
- Executive power. It is that exercised by the king (or by the Regency when the king is absent or unable), but with important limitations:
- His orders had to be validated by the signature of a minister.
- He could not dissolve the Cortes. He had the right of temporary suspensive veto for only two years, after which the decision of the Cortes became law.
- He had to appoint ministers, but they had to be endorsed by the Cortes (principle of “double trust”).
- New right of representation. It was recognized that the nation exercised its sovereignty through its representatives in the Cortes (that is, the deputies).
- Indirect universal male suffrage. A complicated electoral procedure was established by indirect universal male suffrage in fourth grade. The right to vote corresponded to all men over 25 years of age, who had to elect delegates who, in turn, elected the deputies.
- Equality of citizens before the law. Estate privileges were abolished.
- Omission of the jurisdictions. All reference to the territories with jurisdictions was omitted, which was equivalent to not recognizing them. However, the foral regimes of the Basque provinces and Navarra were not explicitly repealed.
- Individual rights. Individual rights to education, freedom of the press, inviolability of the home, civil liberty and property were recognized.
- Catholic religion. It was established that Catholicism was the the only religious confession allowed in the Spanish nation. The need to have the collaboration of the clergy in the fight against the French explains this feature that clashed with the liberal principle of the Constitution.
The repeal of the Spanish Constitution of 1812
The Napoleonic army was defeated in the Spanish War of Independence and King Ferdinand VII regained the throne of Spain on May 4, 1814. That day, the king followed the recommendations of a group of absolutist deputies who, in a document of April 12, 1814 known as the “Manifesto of the Persians,” suggested that he not swear on the Constitution of 1812 and that he restore the Ancien Regime. .
In May 1814, Ferdinand VII repealed the Constitution of 1812, dissolved the Cortes, persecuted the liberal deputies and restored absolutism. However, in 1820 a liberal pronouncement forced him to reestablish the Constitution of 1812, which remained in force throughout the liberal triennium (1820-1823). Later, during the regency of María Cristina de Borbón, The Constitution of Cádiz was again in force (between 1836 and 1837) until it was replaced by the Constitution of 1837.
The Spanish Constitution of 1812 had a lot of influence on 19th century politics in Spain and was a fundamental reference for Spanish liberal politicians. It was also taken as a model in the Kingdom of the Two Sicilies and influenced the political life of Latin America.
Besides, Its repeal by Ferdinand VII in 1814 possibly stimulated the independence option among some American leaders. who saw the recognition of their territories as provinces with some degree of autonomy annulled.
References
- Artola, M. (ed.) (2003). The Cortes of Cádiz. Marcial Pons.
- Carr, R. et al. (2022). Spain. Encyclopedia Britannica at https://www.britannica.com/
- Congress of Deputies (sf). Constitution of 1812. Official portal of the Chamber of Deputies at https://www.congreso.es/
- Congress of Deputies (sf). Cortes of Cádiz 1810-1814. Official portal of the Chamber of Deputies at https://www.congreso.es/
- Varela Suanzes-Carpegna, J. (2020). Constitutional history of Spain. Marcial Pons.
