The Cortes of Cadiz and the Constitution of 1812

The Cortes of Cadiz and the Constitution of 1812 represent the first political institution and liberal legislation in Spain. Although they were in force for a short time, they became a symbol of the Liberal Revolution.

Causes and Background

1. The Crisis of 1808:

Several factors contributed to the crisis, including the international situation, political unrest against Godoy and Charles IV, the events in Aranjuez on May 2nd, and the War of Independence.

2. The Abdication of Bayonne and the Political Power Vacuum:

Political Developments on the Patriot Side

1. Local Boards
2. Central Board: Dissolved in January 1810 after initiating a process for electing representatives.
3. Regency (January-September 1810): Governed the country until a consultation process through Provincial Boards or councils could be carried out to implement reforms by the Cortes.
4. The Cadiz Cortes (September 1810): The Cortes convened in Cadiz due to its strategic location. The city's liberal atmosphere influenced the representatives. Although liberals were not the majority, the election method and popular support in the liberal city allowed them to advance their proposals. Liberals opposed the supporters of maintaining the Ancien Régime.

The Constitution of Cadiz

Adopted on March 19, 1812, the Constitution included the following elements:

1. Bill of Rights:

• Embraced typical liberal values of freedom, equality, and property.
• Established indirect universal male suffrage.
• Defined the nation as all citizens of both hemispheres.

2. Structure:

• Form: Limited monarchy with a suspensive veto and legislative initiative.
• Division of Powers:
  • Executive: Headed by the King, with ministers endorsing his decisions.
  • Legislative: Unicameral Cortes responsible for approving budgets. Representatives were inviolable and had a two-year mandate.
  • Judiciary: Independent courts and a unified legal code.
• Faith: Catholicism was the state religion.
• Army: National conscription.
• Other: Tax reform, compulsory primary education, division of territory into provinces, and elected municipalities.

Socio-Economic Decrees

In addition to the Constitution, a series of decrees and laws aimed to dismantle the socio-economic structure of the Ancien Régime:

• Removal of jurisdictional domains, separating them from the land, which became the private property of the lords.
• Elimination of entail.
• Confiscation of commons.
• Abolition of the Inquisition, but maintaining censorship functions by the Catholic Church.
• Freedom of speech.
• Freedom to work and abolition of guilds.

Consequences

A. Limited Practical Influence:

The Constitution was in effect for only two years (1812-1814) before being repealed by Ferdinand VII, who restored absolutism. Furthermore, it could not be enforced in most of the territory controlled by the French army during the war.

B. Symbol of the Liberal Revolution:

Despite attempting to maintain some degree of compromise with the nobility, the clergy, and the king by preserving territorial lordships, the Catholic Church's denominational status, and the king's veto power, the Constitution of Cadiz became a symbol of the Liberal Revolution. Liberals continued to advocate for its principles until 1837.