Democratic Foundations of the 1869 Spanish Constitution

The Spanish Constitution of 1869

The new 1869 Constitution established a monarchy while asserting national sovereignty, expressed through universal male suffrage and the separation of powers, regulating the political responsibility of the government to the courts. The king's powers remained more or less as in previous constitutions, with the usual limits to royal authority. This was mainly due to the confidence of the legislators in the liberal spirit of the new monarch.

The Bicameral Cortes and Conservative Checks

A more conservative trait was the maintenance of the bicameral nature of the Cortes. While the Congress was elected by universal suffrage, the Senate could be chosen only from men over forty who had occupied a public office or enjoyed a high economic status. This was intended to stop any radicalism in Congress. The Senate was elected by an indirect method and partially renewed every three years, which was the maximum duration of the legislature. Another significant feature was that each province contributed the same number of senators, giving it an appearance reminiscent of the American federal model.

Individual Rights and Civil Liberties

More democratic features are seen in a comprehensive statement of individual rights, considered "natural, absolute, and inalienable." These recognized:

• Freedom of the press
• Explicit freedom of association and assembly
• Right to education
• Habeas corpus
• Inviolability of the home and correspondence
• Freedom of conscience, though the State remained committed to maintaining the Catholic clergy

For these legislators, the importance of rights and freedoms was beyond limitation.

Judicial Independence and Decentralization

The constitution also restored the role of judges. It broke with the old liberal tradition of centralism by proclaiming administrative and judicial decentralization (Article 37), establishing not only the independence of the judiciary but also the means to achieve it. For example, the constitution established a system of competitive examinations for access to the judiciary.

The Regency and the Search for a Monarch

The new constitutional system, with General Serrano as regent and Juan Prim as head of government, was devoted primarily to finding a suitable candidate for the Spanish throne.