Cortes of Cádiz and the 1812 Constitution: Birth of Spanish Liberalism

Convening the Cortes of Cádiz (1810)

The Committee on Courts, created by the Supreme Central Junta to convene courts, agreed to summon a Constituent Assembly elected by vote of the Spanish people. This Committee debated whether the Cortes should be unicameral or bicameral, and whether it should be based on estates or a single body. The initial decision was to convene a bicameral Cortes, elected by universal suffrage for men over 25 years.

Election and Opening of the Cortes

However, in January 1810, an instruction was given to select a single House, which would be the only one elected. This change occurred following the capture of Seville by French troops and the transfer of government from the Central Junta to the Supreme Council of Regency, which continued with the instructions for the election. The election took place in all Spanish provinces and overseas territories. Due to the war situation, representatives could not be elected in some provinces; the solution was to elect representatives for these provinces from among their natives settled in Cádiz. Once elected, the session opened on September 24, 1810.

Composition and Factions of the Cádiz Cortes

The composition of the Cortes included a strong bourgeois element, abundant in Cádiz due to the city's business development, alongside officials, lawyers, professionals, and groups of nobles and clergy. There were mainly three representative trends:

1. Liberals: Defenders of national sovereignty and a profound shift towards a parliamentary system. Most of them were of a doctrinal trend, advocating for census suffrage. They were heavily influenced by French revolutionary ideas.
2. Jovellanistas: Supporters of enlightened despotism, who believed the king, responding to the historical constitution of the kingdom, should establish a system of Cortes with a granted charter.
3. Absolutists: Followers of the traditional system of absolute monarchy, who opposed any reform and believed sovereignty was held by the king by divine right.

The Constitution of 1812: Key Principles

After many debates, on March 19, 1812, the Constitution was approved. It was an extensive document, surely intended to prevent further changes, composed of 10 titles and 384 articles. The liberal deputies, who distrusted the model Fernando VII would impose upon his return, tried to regulate everything to prevent its distortion.

Core Tenets of the 1812 Constitution

• It proclaims national sovereignty in its Article 3, so that the king no longer holds sovereignty; instead, the nation, represented by the Cortes, holds it. The king, therefore, is limited by the Constitution and must swear to uphold and enforce it.
• It establishes the separation of powers, a basic element of liberalism articulated by Montesquieu, in Articles 15, 16, and 17.
• It proclaims the Catholic confessional State in Article 12, so that the Catholic religion is the only official one and prohibits the exercise of any other.
• It establishes the principle of rigidity in Articles 375 and following, making any reform of the Constitution difficult.
• It establishes unitary codes (laws).