Spain's 1812 Constitution: Liberalism and National Sovereignty

Spain's 1812 Constitution: A Landmark Document

This document presents key legal articles from Spain's very first Constitution, drafted by members of the Central Junta and promulgated on March 19^th, 1812.

Genesis of the Cadiz Constitution

This Constitution was forged during the tumultuous Spanish War of Independence. At that time, French troops aimed to cross Spain to attack Portugal, but Spaniards soon realized they were acting as an occupying force. Witnessing this, Prince Ferdinand organized the Aranjuez Mutiny in 1808, which led to Prime Minister Godoy’s dismissal and King Charles IV’s abdication. Exploiting the conflict between father and son (Charles IV and Ferdinand VII), Napoleon summoned them to Bayonne, compelling their abdication in his favor. Subsequently, he bestowed the Spanish crown upon his brother, Joseph Bonaparte.

Unwilling to accept a foreign monarch, the people of Madrid revolted against the French, and these uprisings quickly spread, igniting the Spanish War of Independence. To counter the French invasion, the Central Junta assumed regency in the name of the absent King Ferdinand VII. Initially favoring the Old Regime, the Junta eventually recognized the necessity of revolutionary reforms. Consequently, this body undertook the task of defending and drafting laws, culminating in the creation of Spain's first Constitution.

Key Provisions and Principles

The Constitution empowered citizens to govern themselves through elected representatives. While suffrage was male universal (limited to men over 25), it signified a profound shift where the people came to power and the nation assumed sovereignty. Power was distinctly divided into three branches:

• The legislative power resided with the Unicameral Cortes, responsible for creating laws (though the king retained some influence).
• The judicial power was exercised by tribunals, which judged cases where laws were broken.
• The executive power belonged to the king and his ministers, tasked with enforcing the laws.

Furthermore, citizens contributed to the government through a uniform tax system, where every Spaniard paid taxes based on their income. Military participation was also mandated. Regarding religion, the Constitution declared Spain a Confessional State, establishing Catholicism as the sole permitted religion. Despite this, it allowed for greater freedom of expression, including press without censorship.

Legacy and Impact

The 1812 Constitution holds immense significance as Spain's first constitutional document, serving as a foundational reference for subsequent charters. Beyond its domestic impact, it influenced Europe by introducing the revolutionary concept of liberalism. Its progressive nature was evident in its unicameral system and the establishment of male universal suffrage. While power was largely separated, it was not absolute, as laws still required royal approval. Moreover, its confessional nature meant a complete separation of church and state was not achieved, unlike some later liberal models.

Upon his return from France, King Ferdinand VII initially refused to implement this Constitution. It was only after Riego's pronunciamiento in 1820 that he was compelled to adopt it. This period, known as the Liberal Triennium, lasted until 1823, when an army dispatched by the Holy Alliance restored him to absolute power.