The Spanish Constitution of 1812 and Cortes of Cadiz

The Liberal Revolution and the Cortes of Cádiz

The political developments in occupied Spain created a revolutionary process and a confrontation between the pro-French and the patriots. Within the patriot camp, a division emerged between liberals and absolutists. This revolutionary process had three centers of action:

• The Boards (Juntas): These were formed to address the power vacuum caused by the French invasion. These local boards were organized at the provincial level, which then reported to the Central Board. The boards were composed of bishops, military commanders, writers, lawyers, and other prominent figures.
• The Guerrilla Movement: The failures of the regular Spanish army led to another kind of resistance. The guerrilla movement arose spontaneously and was soon coordinated by the Central Board.
• The Cortes: Finally, the revolution took legal form with the convening of the Cortes (parliament) by the Central Board.

The Factions of the Cortes of Cádiz

The Cortes of Cádiz were convened by the Central Board, with members coming from diverse backgrounds. They can be divided into three main groups:

• Absolutists: This group claimed that nothing should be modified in the absolutist political system.
• Centrists: This group sought an intermediate regime between absolutism and a constitutional model.
• Liberals: This group proposed drafting a constitution to implement the liberal ideas of the French Revolution. The liberals won this position because many conservative deputies could not attend and were replaced by substitutes present in Cádiz, where liberal ideas were strong.

Legislative Reforms of the Cortes

The legislative work of the Cortes of Cádiz represented a radical break with the principles applied to date:

• Sovereignty resided in the nation, and the Cortes assumed that representation.
• It proclaimed equality before the law, which marked the end of the estate-based feudal society.
• It introduced a number of reforms: the abolition of guilds and lordships (feudal domains), the suppression of the Inquisition, and the adoption of freedom of the press and economic freedom.

The Spanish Constitution of 1812

This Constitution was enacted by the Cortes of Cádiz on April 19, 1812, and is considered the first Spanish Constitution, serving as a model for Europe and America. Consisting of 384 articles, its main principles were:

• National Sovereignty: Affirmation of national sovereignty, equality before the law, and the recognition of individual rights and freedoms.
• Division of Powers: Legislative power resided in the Cortes with the King. Executive power rested with the King and his government, while the judiciary remained independent.
• Suffrage and Defense: Universal suffrage and the creation of the National Militia.
• State Religion: Roman Catholicism was established as the sole religion of Spain.
• Governance: It created a government with a constitutional monarchy and moderate economic freedom.

Due to the context of the Peninsular War and the absolutist restoration of 1814, the constitution could hardly be applied. However, its spirit and program remained a fundamental reference in the history of Spain.