The Constitution of 1845: Key Principles and Political Impact

The Constitution of 1845

After the triumph of the moderates in Torrejón de Ardoz, the Narváez government carried out a reform of the Constitution of 1837 through ordinary, rather than constituent, Cortes. The Constitution of 1845 serves as the institutional embodiment of moderate ideology, as evidenced by the following aspects:

• Rejection of national sovereignty: It denies the constituent power of the people.
• Historical constitution: It asserts a framework based on two institutions—the King and the Cortes—which regulate relations and articulate the written constitution.

Political Context and Party Constitutions

If the Constitution of 1837 represented the Progressive Party, the 1845 document represents the Moderate Party. This initiated a practice common in 19th-century Spain: each party drafted its own constitution, which explains their frequent, ephemeral nature. Key aspects of the 1845 Constitution include:

The Crown's Precedence

The power of the Crown takes precedence over the Cortes.

Legislative and Electoral Changes

• Congress: It loses the power to summon chambers, which now disappear automatically.
• Elections: By extending the election cycle to every five years, contact with the electorate is weakened.
• Budgetary Duty: The government is only required to meet once a year to approve the state budget.

The Senate and Royal Authority

The Senate consists of royal appointees with an unlimited number of senators, reinforcing the role of the government and the Crown. Senators are drawn from the upper-middle class, the army, the Church hierarchy, and the nobility. This chamber is closely tied to the Crown, utilizing constitutional privileges that extend far beyond standard liberal regimes.

Ideological Tenets of the 1845 Constitution

The conservative nature of the 1845 Constitution is further defined by these principles:

• Bicameralism: A two-chamber legislative system.
• Shared Sovereignty: Power is divided between the King and the Cortes.
• Religious Exclusivity: The Catholic religion is the sole recognized faith.
• State Support: The maintenance of the clergy is funded by the state.
• Abolition: The National Militia is dissolved.
• Senate Tenure: Senators serve for life.
• Royal Prerogative: The Crown holds the power to dissolve the Cortes.
• Centralization: Councils and regional bodies lose autonomy and are subject to central power.