The Cánovas System: Spain's 1876 Constitution

The Cánovas System: The Constitution of 1876

Antonio Cánovas del Castillo was the creator of the political system of the Bourbon Restoration. On December 1, 1874, Alfonso XII published the Manifesto of Sandhurst (prepared by Cánovas). In theory, it was a response to congratulations received on his birthday. The manifesto stated that the only solution to the problems of Spain, "from the working classes to the highest", lay in the restoration of the traditional Bourbon monarchy. It outlined the principles of the future proclamation of the monarchy as being in dialogue, constitutional, and democratic, with a willingness to integrate much of the political progress achieved during the six-year period and not carry out political reprisals.

Cánovas' Political Theory

Cánovas' political theory rested on four pillars:

• 1. King: The monarchy was not simply a form of government, but the backbone of the Spanish nation and the only institution that could hold together the various peninsular territories. He wanted a renewed monarchy, above political parties, that would become a symbol of modern progress and reconciliation among all Spaniards.
• 2. Cortes: Together with the King, the Cortes formed the "inner constitution" of the country and were jointly responsible for national sovereignty.
• 3. Constitution: He considered it necessary to articulate a written code for the life of a nation. It should be flexible in its interpretation to last over time and allow different parties to govern, ending the use of pronouncements as a means of gaining power.
• 4. Party Turn: Drawing on the English parliamentary system, Cánovas acted pragmatically ("politics is the art of the possible", "politics is not everything possible, it is false"), always looking to deal with opposition parties. It was necessary to have two parties, one in power and one in opposition, that would peacefully take turns in the executive. He even took their names: Conservative and Liberal. This would serve to ensure the stability of the system and avoid the constant policy changes of previous freedoms. However, this rotation of parties was based on manipulation, corruption, and despotism.

The 1876 Constitution

Cánovas del Castillo launched the political project that would lead to the 1876 Constitution. This involved the election, this time by universal suffrage as provided for by the Constitution of 1869, of a new Constituent Cortes in December 1875.

The 1876 Constitution sought to include most political groups to end the succession of constitutions caused by the alternation in power. It intended to establish a political system that would allow the exercise of government by all parties that accepted the liberal economic system and the monarchy. This constitution was the longest-lasting in Spanish history, remaining in effect until 1923 (and again between 1930 and 1931).

It was a synthesis of the Constitutions of 1845 and 1869 and rested on a unitary and centralist model of the state. Its most important features were:

• Affirmation of the principle of joint sovereignty: "The power of making laws resides in the Cortes with the King."
• Bill of Rights: Including rights of printing, assembly, association, and petition, as in 1869, but limiting freedom of religion to mere tolerance.
• Declaration of the official Catholic state religion, but with tolerance for other religions.
• Bicameral system: Congress and Senate, elected by popular vote (the method was not specified, but it would initially be based on a census; in 1890, Sagasta established universal suffrage).
• The King has wide powers: Legislative initiative, sanctioning of laws, veto power, appointment of the head of government, appointment of senators, dissolution of the Cortes, and so on. The principle of "The King reigns but does not govern" still applied, being subject to the Constitution.
• Centralist state model.