The Cortes of Cadiz and the 1812 Constitution: Spanish Liberalism

The Cortes of Cadiz and the Constitution of 1812

In 1810, the selection of general and special courts was carried out, meeting in a single chamber to build a new state through legislative efforts. In its first decree, the Court declared that national sovereignty resided within it. The promulgation of the Constitution of Cadiz would long serve as the reference text for Spanish liberalism.

The Legislative Achievements of the Cortes

The Cortes of Cadiz were elected by universal male suffrage across the three estates. Their most significant accomplishments included:

• Abolition of torture
• Abolition of feudalism
• Freedom of the press
• Approval of rules for local council elections
• Abolition of the Inquisition
• Suspension of the Mesta
• Abolition of union privileges

Furthermore, they declared the transfer of dynastic rights held in Bayonne to be void.

Political Trends in the Cortes

Three distinct political factions emerged within the Court:

• Conservatives (Absolutists): Supporters of the Ancien Régime who believed courts should only approve war budgets and defended regional sovereignty.
• Renovators (Jovellanos): Supporters of shared national sovereignty who viewed the courts as representative bodies intended to carry out moderate reforms.
• Innovators (Liberals): Supporters of radical change who believed the courts should be the sole depositors of national sovereignty; this became the dominant tendency in the Cortes of Cadiz and the 1812 Constitution.

The Liberal Revolution and Constitutional Principles

The legislative work of the Cortes of Cadiz, conducted over four years, amounted to a comprehensive revolution. These reforms transformed Spain into a modern state, establishing the basic principles of liberalism and serving as the starting point for 19th-century Spanish constitutionalism.

Key Features of the 1812 Constitution

• Political Sphere: Established national sovereignty, universal suffrage, and the separation of powers. Legislative power resided in Parliament, executive power rested with the King (with veto rights), and judicial power resided in the courts.
• Religious Sphere: Catholicism was declared the only true religion.
• Social Context: Created the National Military and defended individual rights and freedom of the press.

These measures transformed Spain into one of the most liberal countries in the world at the time, alongside the United States. Although initially abolished by Fernando VII, the 1812 Constitution was later restored.