Evolution of Justice Administration in Spain: 1723-1869

Valencia, strengthening the presence of the Royal Council, as the main organ of justice and administration. This administration gained power in 'imposing and repealing' the laws. It became necessary to gather and compile all the regulations that had been developed. The compilation of the 'Autos Acordados' of 1723 and 1745.

A new philosophical current began to be introduced, in which the 'Reason' and the doctrine 'natural law' took on special relevance and represented the beginning of the separation between the Old Regime and a new system in which the real power, the feudal Church would have less prominence, in favor of national sovereignty, represented by their elected leaders from among them. The French Revolution of 1789 and the Declaration of the Rights of Man, were decisive from this change.

The Constitution of 1812, the Royal Statute of 1834 and the failed Constitutions of the following years, 1845, 1869, 1876, etc., are a clear attempt to introduce liberal ideas and a clear separation of powers from the conservatism of absolutist normative systems. 'La Pepa' was a clear attempt to achieve the independence of the judiciary against the abuses of power and prevailing despotism.

Even so, its application was practically impossible given that with the return of King Fernando VII was abolished, he turned to the despotic regime and began a period of repression and persecution of supporters of liberal ideas.

The essential thing is that they initiated a series of important reforms that would later serve as a basis for other constitutions:

• Titling dedicated to the Administration of Justice and the Courts
• The determination of the tasks of the Audiences themselves and the Supreme Court was created.
• The requirements of access to the judicial career:

• Be over 25 years old.
• Being born in Spain.
• Be an accredited lawyer.
• Enjoy a good public concept.
• Having given proof of independence and political freedom.

Such was the concern during this period of creating a judicial apparatus independent of the rest of the powers, given the abuses in the previous stage.

At the same time, the 'disentailment' process came to contribute by providing the Justice Administration with the physical spaces in which to exercise civil functions in ecclesiastical buildings, especially in a period in which the provinces were subdivided into Judicial Parties, moved by the principle of administering justice more quickly in the towns and making the judicial demarcation coincide with the administrative one.

This Constitution of 1869 emerged after the Revolution of 1868 (La Gloriosa) and the pronouncement of General Serrano, Topete and Prim, among others, driven by liberal ideas and which resulted in the departure of Spain from Queen Elizabeth II and the establishment of Provisional Government and the Boards. Elections were called in January 1869, with a masculine universal suffrage, the Cortes were created and the Elaboration of the Constitution began based on the Constitution of 1812. There is only reference of administering justice