The Cortes of Cádiz and Spain's 1812 Constitution

The Cortes of Cádiz and the 1812 Constitution

Formation and Early Sessions

In May 1809, a committee chaired by Jovellanos was formed within the Central Junta. This commission conducted a consultation with institutions and enlightened individuals regarding the steps to be taken in Spain. This consultation highlighted the urgent need for change within the political system of the Ancien Régime, though not everyone fully grasped its implications.

The Regency Council issued the call for the Cortes in January 1810, and the opening session took place on 24 September 1810. In December of that same year, a Constitutional Commission was formed, headed by the cleric Diego Muñoz Torrero from Extremadura. Prominent liberal deputies in the committee included Agustín Argüelles, Calatrava, and Mejía. A member notably recalled the 'Oath of the Tennis Court' by the French National Assembly, emphasizing the revolutionary spirit.

Key Reforms of the Cortes

The Cortes adopted various economic and social measures that represented a significant break with the Ancien Régime and its stratified society. These included:

• Adoption of disentailment measures and the establishment of freedom of labor and contract (13 September 1813).
• Suppression of the Inquisition (22 February 1813).
• Suppression of nobility tests and purity of blood statutes.
• Elimination of primogeniture.
• Establishment of freedom of the press and printing.
• Abolition of feudal rights and jurisdictions.

The 1812 Constitution: "La Pepa"

However, the most important work of the Cortes was the adoption of the first Constitution on 19 March 1812, famously known as "La Pepa." This landmark document initiated Spanish constitutionalism and reflected the core principles of liberalism: national sovereignty, separation of powers, popular representation, and the right to property.

Despite its short and turbulent duration, this Constitution became the banner hoisted by Liberals in the first three decades of the 19th century in their struggle against absolutism. It became a powerful symbol of this fight. The Constitution comprises 384 articles, divided into 10 titles. It is a lengthy text with a very rigid system for reform.

While it contains elements of French origin, the text as a whole is not a blind imitation of French constitutions. It incorporates characteristic Spanish elements, such as its denominational nature, specific voting procedures, and the king's legislative initiative.