Spain's 19th-Century Constitutions & Education Reform

Constitution of 1837

Key Features:

• Sovereignty: Shared between the King and the Cortes.
• Division of Powers: The Crown maintained greater powers than in the Constitution of 1812.
• Individual Rights: Recognized individual rights and freedom of the press.
• Bicameral Cortes:
  • Upper House (Senate): Composed of large landowners, half appointed by the monarch and half elected by popular vote based on a census.
  • Lower House (Congress): Composed of members elected by direct vote based on a census.

Constitution of 1845

Key Features:

• Sovereignty: Shared between the King and the Cortes.
• Division of Powers: Strengthened royal authority but with responsibility.
• Recognition of Some Rights: Limited recognition of individual rights.
• Bicameral Cortes:
  • Senate: Composed of an unlimited number of life members appointed by the King.
  • Congress: Elected by a highly restricted census-based vote (approximately 1% of the population).

During this period, the moderates approved a series of reforms aimed at greater centralization and improved management, including:

• Foundation of the Civil Guard to maintain public order and protect property and people.
• Dissolution of the National Militia.
• Approval of a new law on municipalities, reserving the appointment of all mayors from previously elected councilors for the government.
• Unification and adoption of a new Penal Code.
• Approval of the Pidal Plan, which organized education into three levels:
  • Primary and secondary education was conducted by the state, but private schools were recognized.
  • University education was public.
  • The Faculty of Theology was abolished, and a reform of Philosophy was initiated.
• Tax reform.
• Signing of a Concordat with the Holy See in 1851, suspending the sale of disentailed goods of the clergy. The Church accepted the seizure, and the state undertook to support church expenditures.

Moyano Act (Education Reform)

Key Features:

• Teaching could be public or private.
• Education was divided into three periods.
• The first period of public education could be acquired privately or domestically.
• The same textbooks governed all public schools.
• Primary education was free for those who could not afford it.

Challenges and Outcomes:

• Low state funding and the significant influence of the Church diminished state control in primary and secondary education.
• Private enterprise continued to address the serious shortcomings of public education.
• By the end of the century, illiteracy was around 80%.
• Between 1850 and 1875, the budget for primary education was just over 1%.
• Municipalities lacked funds for schools, and illiteracy was higher among women.
• Urban areas and upper-middle classes had a higher level of literacy.