The End of Feudalism and the Rise of Spanish Liberalism

The Abolition of Feudalism and the Decree of 1811

A decree of great interest from a social point of view was the abolition of jurisdictional manors (August 6, 1811), as it represented the end of feudalism and the traditional social structure. The decree settled the rights of jurisdiction of the lord over his subjects (administrative and judicial functions) that belong to the state, but maintained the right to property (territorial dominion) and mayorazgo.

Economic Liberalization and the End of Privileges

From a legal point of view, several measures were enacted between April and September 1813 aimed at ending obstacles to economic development. These included the liberalization of crops and the confiscation of properties (in the French style) of destroyed or abandoned monasteries (national assets), the elimination of internal customs and guilds, and the removal of the privileges of the Mesta.

The Political Program of the Cortes of Cádiz

The great work of the Cortes of Cádiz was, above all, its liberal political program, enshrined in the Constitution, whose basic principles are:

National Sovereignty and the Division of Powers

• National Sovereignty (Article 3): Power resides essentially in the nation, not in an absentee or interim monarch. The "Nation" is defined as the union of Spaniards from both Spain and the Americas (Art. 1). However, "Spaniards of African descent" (Art. 22) were deprived of Spanish status and, therefore, political rights.
• Division of Powers: Following the scheme of Montesquieu.

Legislative Power and the Unicameral Cortes

Legislative power is vested in the unicameral Cortes (representing the will of the nation) together with the King (Article 15). Its powers are very broad: the development of laws, decisions regarding the Crown Regency, approval of international treaties, and the setting of taxes, etc.

The Cortes would meet annually to prevent the king from not convening or suspending them; if they were not gathered, a permanent council of seven members watched over the observance of the Constitution. The mandate of the deputies lasted two years, and the position was incompatible with any royal appointment and was inviolable in the exercise of their functions. Voting was individual, not by estates.

The electoral system fixed conditions for voters based on age and sex (men over 25 years) and residency; that is, universal male suffrage and indirect election (via commissioners). To be elected, a certain level of income was required, meaning eligibility was based on a census.

Executive Power and the Role of the King

Executive power is vested in the King (Art. 16), but with certain limitations to prevent a return to absolutism. He holds the direction of government and administration (Art. 170 and 171) and is involved in the legislature through initiative and sanction, possessing a suspensive veto for two years.

The King appoints the ministers (Secretaries of State), but they are accountable to the Cortes. The King is advised by the State Council, whose members are appointed by the King upon the proposal of the Parliament. The moderate monarchy (Parliamentary) is the hereditary form of government of the Spanish nation (Art. 14).