Constitution of Cadiz 1812: A Foundation of Spanish Liberalism

Fragments of the Constitution of Cadiz: Text 2

Selection of articles from the Constitution of 1812, reflecting key features of a liberal state. This is a primary source of legal and political content.

The courts, in the absence of Ferdinand VII, decree and sanction the following (preamble):

• Hereditary Constitutional Monarchy (Art. 14)
• National Sovereignty (Article 3)
• Confessional state in the Apostolic Roman Catholic religion (Art. 12)
• Separation of Powers:
  • Executive Power: Resides in the King and the government (Art. 16)
  • Legislative Power: Resides in the courts with the King (Art. 17)
  • Judicial Power: Based in the courts (Art. 17)
• Bill of Rights and Duties:
  • The right to freedom of speech (Art. 371)
  • Duty to pay taxes (Art. 8)
• The Spanish nation is the collection of all Spaniards in both hemispheres (Art. 1).

Historical Context and Significance

The 1812 Constitution, drafted and enacted during the War of Independence, represents the starting point of Spanish constitutionalism. It initiated needed political reform and would end the Old Regime. The liberal group in Cadiz favored profound changes, following the example of France. On March 19, 1812, the Congress of Deputies approved a constitution, the first in the history of Spain, outlining legislative work and establishing the ideas and language of Spanish liberalism.

Principles such as national sovereignty, separation of powers, and a moderate monarchy buried the absolute monarchy of the Ancien Régime and paved the way for citizen participation. For the second time, certain rights of man and citizen were recognized, and equality before the law was advocated. This marked the beginning of the end of a society based on privilege.

The King's Role and the Separation of Powers

The King, in the context of a moderate hereditary monarchy, chairs the executive branch, appoints and dismisses ministers, and shares the legislature with the judiciary. He can sanction laws, exercise the right of veto, and has legislative initiative. This, therefore, is a shared sovereignty with a separation of powers that is more theoretical than real.

Rights, Religion, and the Crown's Influence

Although there is a bill of rights specified in this text, including numerous references to Spanish rights, such as freedom of the press (Art. 371), and requiring the government to respect them, the Constitution reflects the influence of the Church through a confessional state (Art. 12). It also recognizes the properties of privileged groups, as well as the excessive role of the Crown in political life.

Centralization and Taxation

In order to achieve equality of citizens, the Constitution of 1812 established a centralized bureaucracy and a common taxation system (Art. 371). However, its approval would not prevent Fernando VII from reigning, upon his return from France, for 16 years as an absolute monarch, supported by a people who, while entering the struggle against the French, had remained alien to the revolutionary process in Cadiz.

Lasting Impact

Despite its short-term implementation (1820-1823, 1836-1837), the 1812 Constitution exerted a significant influence on later Spanish constitutional texts.