Constitutional Evolution in the Reign of Isabella II

The Royal Charter of 1834

The Royal Charter of 1834 took place during the transition phase between Ferdinand VII's absolutist state and the liberal reign of Isabella II (1833–1835). It represented a "third way" between liberalism and absolutism. Rather than a constitution adopted by Parliament, it was a granted charter (Estatuto Real). It functioned practically as a regulation to convene the courts, possessing an advisory character; they could not pass laws, although the Queen could make requests to the courts.

The courts consisted of two chambers:

• Estate of Peers (Próceres): Comprised of the nation's personalities and heroes, appointed by the Queen in unlimited numbers. This was a life-long, hereditary position.
• Estate of Procurators (Procuradores): Members were elected through census suffrage.

The Constitution of 1837

The Constitution of 1837 emerged during the stage of rupture (1835–1840). It was shorter and more moderate than the one approved in the Cortes of Cádiz, attempting to accommodate different liberal tendencies. Key characteristics included:

• National Sovereignty: Supported in theory, but it acknowledged a much greater role for the Crown than the 1812 document.
• Veto Power: The monarch could definitively veto laws.
• Division of Powers: Maintained the separation of powers and the responsibility of ministers before the Parliament.
• Shared Sovereignty: In practice, it established a regime where the power to make laws rested with both the King and the courts.

These courts were bicameral:

• Senate: A conservative upper house formed by large landowners, with half appointed by the monarch and the other half through census suffrage.
• Chamber of Deputies: A lower house whose members were elected by direct census suffrage, which was wider than the Royal Charter's criteria.

Notably, Spanish territories in America were not entitled to representation in these courts.

The Constitution of 1845

The Constitution of 1845 was enacted during the majority of Isabella II's reign, specifically during the Moderate Decade (1844–1854). It reinforced conservative elements from 1837 and established Catholicism as the official state religion. It also introduced restrictions on press freedom and increased the political and legislative powers of the Crown.

Sovereignty was shared between the courts and the monarch. The courts consisted of:

• Senate: Composed of life members who were royal aristocrats appointed by the Crown.
• Congress of Deputies: Elected by a very restricted census suffrage.

The Constitution of 1856

The Constitution of 1856 took place during the Progressive Biennium (1854–1856). Known as the "non-nata" (unborn) constitution, it was never officially enacted. It was similar to the 1837 document, maintaining bicameralism but making both chambers elective. Legislative power was shared between the courts and the King, while it expanded national sovereignty and the list of individual rights.