The Cortes of Cádiz: Spain's Path to Constitutional Reform

The revolution that began almost simultaneously with the war issued a call for general and special Cortes. This initiative came from the Central Junta, although it was carried out by the Regency.

Composition and Functioning of the Cortes

Among the deputies, there existed distinct groups:

• A group that sought no change to the absolutist political system.
• Another group advocated an intermediate regime between the old absolutism and a constitutional model based on the sovereignty of the nation.
• The Liberals proposed a single chamber to assume national sovereignty and to develop a constitution that would reflect the new arrangements introduced by the French Revolution.

This last position triumphed in Cádiz, as the Liberals had significant influence.

Along with members of the old estates (e.g., nobles), there were representatives of the urban middle classes, state servants (i.e., military personnel), and those from liberal professions or commercial activity. However, the clergy, along with lawyers and officials, dominated the Cortes of Cádiz.

Despite common belief, neither the bourgeoisie solely drove the liberal revolution, nor were the clergy and nobility entirely absolutist. A significant portion of the reforms were, in fact, inspired by liberal-leaning clergy. Many saw the Cortes as an opportunity to reform the monarchy.

The Cortes met in Cádiz, chosen for its defensibility and freedom from French occupation.

The deputies saw an opportunity to address Spain's backwardness and inefficiency. Soon, two major factions or "parties"—the absolutists and the liberals—emerged in the debates.

After the expulsion of the French, the new ordinary Cortes moved to Madrid in January 1814.

Legislative Work of the Cortes

The legislative work of the Cortes of Cádiz was enormous and represented a radical break with previously enforced principles.

• The first decree of the Cortes ruled that sovereignty resided in the nation (thus, the King ceased to be sovereign).
• It proclaimed equality before the law.
• It introduced a whole set of reforms. It approved the freedom of the press and suppressed torture. It abolished the Inquisition, implemented the secularization of church property, and established a new provincial division.