Spanish Constitution of 1812: History and Legacy

The Origins of the Spanish Constitution of 1812

The Spanish Constitution of 1812, also known as La Pepa, was enacted by the Parliament of Spain on March 19, 1812, the day of San José. This timing led to the nickname Pepa given to it by the people of Cádiz.

Officially, it was in effect for two years from its enactment until March 24, 1814, following the return to Spain of Ferdinand VII. It was later in force during the Liberal Triennium (1820–1823). The constitution provided for suffrage, freedom of the press, the abolition of the Inquisition, and included provisions for the distribution of land and freedom of industry, among other reforms.

Resistance and the Central Governing Junta

After the uprising of the people of Madrid against the French on May 2, 1808, a spontaneous phenomenon of resistance emerged in many areas, grouped into the so-called Juntas. They understood that their union would produce a more effective grouping.

Thus, on September 25 of that year, the Central Governing Junta was established at Aranjuez and later based in Seville. Its duties were to direct the war and the subsequent reconstruction of the state.

The Path to the Courts of Cadiz

Two possibilities were raised regarding the Spanish political future. The first, represented mainly by Jovellanos, was the restoration of the rules prior to the absolute monarchy. The second option involved the enactment of a new constitution. The courts moved to San Fernando, then known as La Isla de León, holding their first meeting on September 24, 1810, in the present-day Teatro de las Cortes.

Key Features of the 1812 Constitution

The Constitution of 1812 was the result of a compromise between liberals and absolutists. It was generally more favorable to the liberals (regarding the liberal organization of the state) than to the absolutists (who secured the recognition of the rights of the Roman Catholic religion). The committee was chaired by Muñoz-Torrero.

• Proclamation: Proclaimed on March 19, 1812, and popularly called La Pepa.
• National Sovereignty: It establishes the principle of national sovereignty.
• Government Structure: A limited monarchy with a division of powers: legislative (the Cortes with the King), executive (the King), and judicial (the courts).
• Religion: It did not recognize religious freedom, maintaining the Catholic faith.
• The Cortes: A unicameral body with broad powers, including making laws, deciding on the succession of the crown, and approving international treaties.
• Fundamental Rights: It guarantees rights such as equality before the law, the inviolability of the home, freedom of the press, and elementary education.