The Cadiz Constitution of 1812 and Spanish Politics

This document outlines key periods and legislative changes in 19th-century Spanish politics, beginning with the foundational work of the Cortes of Cadiz.

The Courts of Cadiz and the 1812 Constitution

Convened during a period of national crisis, the Cortes of Cadiz drafted a constitution that aimed to reform the old regime. Key aspects of the final text adopted in 1812 included:

• Sovereignty: Resides in the Nation.
• Division of Powers:
  • Legislative: Resides in the Cortes with the King, who can sanction and veto legislation. The Cortes are unicameral.
  • Executive: The King, assisted by secretaries who are accountable to the Cortes. The King has important limitations (orders must be validated by the signature of the Minister, cannot dissolve the Cortes, appoints ministers who must be countersigned by the Cortes).
  • Judicial: Resides in the courts.
• Religion: Established the confessional and exclusive nature of the Catholic religion.
• Suffrage: Granted indirect universal male suffrage.
• Military: Provided for a standing army and created the National Militia to reinforce the army in wartime and serve as a defense corps for the liberal state.
• Equality: Equality of citizens before the law.

The members of the Cortes of Cádiz also passed several important laws:

• Abolition of jurisdictional rights; land ownership became private.
• Elimination of mayorazgos (entailed estates).
• Confiscation of municipal common lands (bienes propios).
• Abolition of guilds (gremios).
• Recognition of individual rights, including education and freedom of the press.

Restoration and Subsequent Reforms

Following the initial period, laws were restored or added, marking further changes in the Spanish legal and social structure:

• Suppression of the final Court of the Inquisition.
• Abolition of the manorial system (régimen señorial).
• Undertook desamortización (confiscation and sale of church/municipal lands).
• Primogeniture was suppressed.
• Undertook ecclesiastical reform, including the expulsion of the Jesuits.
• Halved the amount of tithes collected by the Church.
• Passed the first education legislation.
• Undertook the first Penal Code.
• Created a new territorial division into 52 provinces.
• Creation of the National Militia.

The Narváez Period

This period saw significant legislative activity:

• Constitution of 1845.
• Other key laws: municipal law, creation of the Guardia Civil, criminal code, agreement with the Holy See, laws regarding civil and military governors, Santillán law, law of public education.

The Espartero Government

During Espartero's government, progressive measures were pursued:

• Recovery of progressive laws from the early 1830s.
• Draft Constitution of 1856 (not enacted).
• Confiscation under the Madoz Law.
• Railway law.
• Credit corporations law.

The O'Donnell Government

The O'Donnell government was characterized by:

• A period of instability and economic growth.
• Management of the parliamentary electoral system.
• Continued confiscation under the Madoz Law.
• Focus on foreign policy prestige.
• Emergence of new political trends: Democrats and Republicans.