The Cadiz Cortes and Constitution of 1812

The Supreme Central Board

Local boards were grouped together to form the Provincial Supreme Central Board. Its aim was to coordinate military action and direct the country in the absence of legal powers. French troops withdrew from some areas. Its members included Floridablanca and Jovellanos. The board recognized Ferdinand VII as King of Spain and exercised power in his name. The board convened the last Cortes members to decide on the organization. Once the call was made, the board dissolved and named a five-member Regency.

Formation of the Cortes of Cadiz

A free environment influenced the development of the elections. Deputies gathered in a single room, which was a triumph of liberal ideas against a class-based organization. There were three main groups:

• Absolutists: Supported expelling the former French regime. Their goal was the return of Ferdinand VII.
• Liberals: Represented national sovereignty.
• Reformers: Asked for two chambers, one for the privileged classes.

In the first session, it was declared that power resided in the nation and was expressed through Parliament.

Reforms by the Cortes of Cadiz

The Cortes of Cadiz dedicated themselves to legislative work. Their laws were intended to destroy the system of the Old Regime and create a liberal system in Spain. Among the laws passed were:

• Suppression of lordships and mayorazgos (entailed estates).
• Abolition of torture as a police method.
• Suppression of noble blood tests for the army.
• Freedom of labor, industry, and commerce.
• Abolition of guilds.
• Abolition of the Inquisition.
• Beginning of ecclesiastical disentailment (confiscation of church lands).
• Beginning of land reform.
• Disappearance of the privileges of the Mesta (shepherds' guild).

Key Aspects of the 1812 Constitution

The Constitution of 1812 established the division of powers:

• Legislative: A unicameral Cortes (parliament). It represented the national will and had broad powers (elaboration of laws, approving budgets, approval of international treaties, command over the army). The mandate of deputies lasted two years; they were inviolable while exercising their mandate. The mandate was incompatible with any other royal appointment. Residency was required to be an elector; a pension was required to be a candidate. The electoral system was universal, indirect, and masculine.
• Executive: In the hands of the King and his ministers. The monarch's powers were limited by distrust regarding a possible return to absolutism. The King could participate in the preparation of laws through initiative and sanction and had a suspensive veto. Executive power was controlled by the Cortes. The King's decisions required ministerial backing; ministers were subject to criminal liability. Without a minister's signature, the King's act was invalid.
• Judicial: Competence belonged solely to the courts. Neither the King nor the Cortes could participate in judicial matters. Unified codes were established with the new laws. Judges were irremovable. There were legal guarantees and processes, although ecclesiastical and military courts also existed.

Other important issues addressed:

• Reform of provincial and local administration.
• Finance reform and taxes.
• Creation of a national army.
• Public and compulsory primary education.
• Council of State.
• Freedom of the press.