The Cortes of Cádiz and Spain's First Constitution (1812)

The Cortes of Cádiz and the Constitution of 1812

The Central Board prepared the process for calling the Cortes, setting up committees that collected information on the country's situation. When power was transferred to the Regency Council, the process continued according to liberal principles: the Cortes would be unicameral, representing the nation rather than traditional estates, and their primary goal was to draft a constitution.

Representatives of the nation were invited to an extraordinary session of the Cortes in Cádiz, a city free of French occupation. Deputies were chosen by provincial boards or attended as substitutes due to the difficulty of travel during the war.

Composition and Political Factions of the Cortes

The deputies met in a church. The composition included clergy, lawyers and jurists, officials, professors, and soldiers—most belonging to the middle class and possessing intellectual training. Soon, three main political trends emerged:

• Liberals: Supporters of revolutionary reforms and rapid change.
• Jovellanistas (Moderate Reformers): Sought to reform and improve the Spanish political system, partially limiting the King's power and implementing slow, gradual changes.
• Absolutists (Serviles): Wanted to maintain the privileges of the nobility and the absolute power of the monarchy.

Dismantling the Ancien Régime

Besides drawing up the Constitution, the Cortes enacted a series of measures designed to dismantle the structures of the Ancien Régime. These decrees and laws included:

• Establishing freedom of the press and abolishing prior censorship.
• Abolishing the seigneurial regime.
• Abolishing the Inquisition.
• Implementing ecclesiastical confiscation (disentailment).
• Establishing a new budgetary system.

Key Principles of the Constitution of 1812 (La Pepa)

The Constitution of 1812 established foundational liberal principles:

• National Sovereignty: Political power belongs to the nation, although its exercise is delegated to the elected representatives of the people.
• Division of Powers: Legislative power held by the Cortes (unicameral); Judicial power held by the courts (judiciary); Executive power held by the King (with significant limitations).
• Equality Before the Law: Abolition of estate differences, tax privileges, and special legal jurisdictions (military and ecclesiastical), which had benefited the nobility for centuries.
• Individual Rights and Freedoms: Including freedom of the press, inviolability of domicile, the right to education, and property rights.
• Official Religion: Catholicism was established as the sole official religion (an act of prudence intended to retain the support of the clergy during the war).
• Military Structure: Reorganization of the standing army for external defense and the establishment of a National Militia (composed of adult citizens) to defend the liberal regime against internal enemies.

The Constitution's validity was intermittent: it was in force from its adoption until the return of Ferdinand VII in 1814 (which restored absolutism); it was reinstated during the Liberal Triennium (1820–1823); and briefly after the Revolt of the Sergeants of La Granja (1836).

Historical Significance of the Constitution of 1812

The Constitution of 1812 is historically significant as the first constitution in Spain, drafted based on the principle of national sovereignty by constituent Cortes. It became a permanent and necessary reference point for all subsequent Spanish liberalism.

At the time, it represented a major effort toward understanding and consensus among different political options. However, the vast majority of the population did not immediately grasp the importance of this Constitution, which aimed to modernize the country profoundly.