Spanish Constitution of 1812: Liberal Reforms and Impact

The Announcement of Cortes

The Supreme Central Junta, unable to lead the war, dissolved in January 1810. Before dissolving, it initiated the process of convening a parliament for representatives of the nation, deciding on its organization, maintaining courts, and establishing a five-member regency. The Cortes opened in September 1810, and the liberal sector achieved its first victory by forcing the formation of a single chamber. They approved the principle of national sovereignty, recognizing that power resides in the citizens, represented in Parliament.

The Constitution of 1812

Promulgated on March 19, 1812, the constitution included a bill of rights for citizens:

• Freedom of thought and opinion
• Equality of Spaniards before the law
• Right of petition
• Civil liberty
• Property rights
• Recognition of the legitimate rights of all individuals in the Spanish nation

The state's structure corresponded to a limited monarchy, based on the division of powers, not divine right. The legislature, a unicameral parliament, represented the national will and held broad powers: making laws, approving budgets and international treaties, commanding the army, etc. Members served for two years and were inviolable in their functions. Suffrage was universal male and indirect.

The monarch headed the executive power, managing the government and intervening in lawmaking through initiative and sanction, with a suspensive veto over parliamentary decisions for two years. Ministers were responsible for the monarch's decisions and subject to penal liability.

Justice administration was the exclusive competence of the courts, establishing the basic principles of the rule of law.

Other Constitutional Reforms

• Tax and finance reform
• Creation of a national army and conscription
• Implementation of mandatory public primary education
• Division of territory into provinces with provincial councils
• Formation of local councils with elected governments
• Creation of the National Militia

Abolition of the Old Regime

• Abolition of feudal courts
• Transformation of feudal lands into private property
• Abolition of primogeniture and confiscation of communal lands
• Abolition of the Inquisition and freedom of the press
• Freedom of work, cancellation of guilds, and market unification

The return of Ferdinand VII frustrated liberals and led to the return of absolutism.