The Birth of Spanish Liberalism: Cortes of Cádiz and the 1812 Constitution

The Cortes of Cádiz: Forging Spanish Liberalism (1808-1814)

In September 1808, the Cortes of Cádiz were convened, marking a pivotal moment in Spanish history. Initially, they operated as a single chamber, representing a significant step towards liberal governance and a challenge to the absolute monarchy.

Foundational Principles of the Cortes

During its inaugural session, the Cortes of Cádiz approved the fundamental principle of national sovereignty. This declared that power resided in the Spanish nation and was to be expressed through its representatives in the Cortes. The opening address, notably influenced by figures like Diego Muñoz Torrero, articulated the core tenets of the new political order:

• Separation of Powers: Distributing governmental authority among different branches.
• National Sovereignty: Power originating from the people, not the monarch.
• Inviolability of Deputies: Protecting the freedom and independence of parliamentary representatives.

The Constitution of 1812: "La Pepa"

A landmark achievement of the Cortes was the promulgation of the Constitution of 1812 on March 19th, the day of Saint Joseph, earning it the popular nickname "La Pepa." This legal text, drafted by the Cortes, initiated a radical transformation of Spanish society and politics, built upon four key pillars:

1. Liberal Concept of Nation: Establishing the nation as a collective of free and equal citizens, dismantling traditional social hierarchies.
2. Citizen Rights and Equality: Declaring equality before the law and enshrining fundamental citizen rights, such as freedom of the press.
3. Dialogue and National Direction: Fostering a framework for dialogue among diverse political factions (liberals and absolutists) to collectively govern and organize the nation.
4. Clear Division of Powers:
   • The Cortes, as a unicameral body, represented the legislative power, primarily responsible for drafting laws.
   • The monarch held the executive power, running the government and possessing a limited veto power over legislation. The king's authority was subject to control by the Cortes.
   • The judiciary was represented by independent courts of justice.

Further Provisions and Reforms

The Constitution of 1812 also formally recognized the Catholic religion as the official state religion, as stipulated in Article 12. Furthermore, it established an electoral system based on universal male suffrage, albeit indirect.

Beyond the Constitution, the Cortes of Cádiz enacted a series of crucial laws and decrees aimed at dismantling the structures of the Old Regime and establishing a liberal state. These significant reforms included:

• The abolition of the Inquisition.
• The suppression of seignorial rights and feudal domains.
• Measures for disentailment and agrarian reform.
• The establishment of freedom of industry and labor.

These reforms laid the groundwork for modern Spanish constitutionalism and liberalism, despite subsequent periods of absolutist reaction.