Spanish Constitution of 1812: Key Features and Debates

The Spanish Constitution of 1812: A Landmark in History

The Constitution of 1812 was one of the most important political reforms in Spanish history. Its development began in early December 1810. The constitutional commission commenced its work in March 1811 after the courts moved from the Isla de León to the oratory of San Felipe Neri in Cadiz. In August 1811, discussions began on its lengthy articles, the largest of any Spanish constitution (including 10 titles and 384 articles). Its creators intended to clearly define their idea of a liberal state and the rights of citizens.

Content Breakdown

• Titles 1 and 2: Refer to national sovereignty, the separation of powers, and the rights and obligations of the Spanish.
• Title 3: Refers to the courts. It is the largest of all the titles (141 articles), establishing the Assembly as the cornerstone of the new regime.
• Title 4: Addresses the king and his powers.
• Title 5: Refers to the courts.
• Titles 6 to 10: Mention the government of the kingdom, the treasury, armed forces, public education, and reform of the Constitution.

Key Debates and Compromises

The wording of the Constitution was not without heated debate, as it paved the way for a new political, economic, and social order. From the first measure passed, a proclamation of National Sovereignty (Decree of October 15), later enshrined in the Constitution (Article 3), clashes between liberals and absolutists were continuous. This necessitated a commitment or agreement between the two ideological groups for the project to move forward.

Freedom of the Press

The issue of freedom of the press, a public service, was settled by excluding religious issues, which remained under ecclesiastical censorship (Article 371). Previously, on November 10, 1810, a broader decree on "political freedom of the press" had been drafted, sparking lively discussions between liberals and absolutists.

Abolition of the Inquisition

The abolition of the Tribunal of the Inquisition was a highly controversial issue. Absolutists defended its maintenance, while liberals criticized its methods and saw it as a repressive court that needed to be stopped. Finally, the Decree on the abolition of the Inquisition, issued on February 22, 1813, ambiguously recognized that "The Tribunal of the Inquisition is incompatible with the Constitution," without explicitly mentioning its abolition. However, as Title V of the Constitution prohibited court practices that violated fundamental principles of universal justice, the Inquisition was virtually abolished without expressly declaring it and thus avoiding the rejection of the Church. The Church was content to ensure action on "the grounds of faith," censorship, and control.

Confessional State

The recognition in the Constitution of the Catholic, Apostolic, and Roman faith as the only true and exclusive religion of the Spanish nation, and the prohibition of the exercise of any other (Article 12), implied a confessional state and a clear concession to absolutists and representatives of the clergy.