Spain's 1869 Constitution: A Milestone of Liberalism
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The 1869 Spanish Constitution: A Milestone of Liberalism
From Moderate Governments to Radical Change
From 1843 to 1868, progressive yet moderate governments shaped Spain's constitutional landscape, culminating in the 1845 constitution. However, the Revolution of 1868 ushered in the 1869 Constitution, a radical departure from its predecessor.
Expanded Suffrage and the Constituent Cortes
The revolutionaries established new rules for electing the Constituent Cortes, granting voting rights to men over twenty. This resulted in a census of nearly four million people, roughly a quarter of the total population. The drafting committee aimed to create a comprehensive constitution based on this expanded suffrage.
The Rise of Doctrinaire Liberalism
The influence of doctrinaire liberalism was evident in the emphasis on individual rights within the constitution's first thirty-one articles. This went beyond a mere quantitative expansion of rights. While previous politics had focused on compromise and accommodating historical realities, radical liberalism sought to implement theoretical postulates without compromise.
Newfound Freedoms and Rights
Alongside existing rights, the 1869 Constitution introduced new freedoms, including the inviolability of correspondence, assembly, and association. It also granted freedom of employment to foreigners and significantly enhanced protections for freedom of thought. Article 21 guaranteed freedom of worship while obligating the state to subsidize the Catholic religion.
A Constitutional Monarch and a Disrespected Constitution
The king's role was defined as a true constitutional monarch, acting through his ministers. Ironically, the very generation that crafted the 1869 Constitution often disregarded it. Despite subsequent legislation attempting to align institutions with its principles (such as electoral and public order laws of 1870), the constitution was suspended as frequently as, if not more than, its predecessors. Following the proclamation of the Republic in 1873, a federal constitution was drafted but not adopted.