Spanish Constitution of 1876: History and Key Features

Historical Context of the 1876 Constitution

The Spanish Constitution of 1876 is a fundamental legal document addressed to all citizens, containing the primary articles that governed the nation for decades. It was promulgated in 1876 by the Spanish Cortes and King Alfonso XII.

The Road to the Bourbon Restoration

In 1868, Queen Isabella II was expelled from the throne following the triumph of the Gloriosa Revolution, marking the beginning of the Six-Year Revolution (Sexenio Democrático). This period featured a provisional government and a democratic monarchy under Amadeo of Savoy. However, his reign was short-lived, leading to the proclamation of the First Spanish Republic.

Due to internal conflicts and instability, the government eventually transitioned into the Restoration. This system saw the return of the Bourbon Dynasty with Alfonso XII as King, a move orchestrated by Antonio Cánovas del Castillo. The 1876 Constitution was the legal cornerstone of this moderate and conservative era.

The Turno Pacífico and Political Power

The Restoration was characterized by two main dynastic parties that alternated in power, a system known as the Turno Pacífico:

• The Conservatives: Led by Cánovas del Castillo.
• The Liberals: Led by Práxedes Mateo Sagasta.

Both parties shared a liberal-conservative ideology, favoring a moderate constitution and limited suffrage. To maintain this balance, they frequently utilized rigged elections to manipulate results and ensure a smooth transition of power.

Key Features of the 1876 Legal Framework

The 1876 Constitution established Spain as a Constitutional Monarchy where the King and the Constitution were the central pillars of the state. The legislative branch was bicameral, consisting of two chambers:

• The Congress: Elected by the citizenry.
• The Senate: Composed of members appointed by the King or representing the wealthiest social classes.

Church and State Relations

The document defined Spain as a Confessional State, establishing Catholicism as the official religion and providing state economic support for the Church. While other faiths were not strictly forbidden, their practice was restricted to private settings.

Civil Liberties and Freedoms

Regarding civil rights, the Constitution included important protections for freedom of opinion and freedom of the press, notably operating without the heavy censorship seen in previous eras.

Legacy and the End of the Restoration Era

The 1876 Constitution was vital in providing political stability to the regime. It remained the supreme law of the land for a significant period, from its approval in 1876 until 1923, when it was abolished following the coup d’état by Miguel Primo de Rivera.

In summary, the main characteristics of this moderate Constitution included National Sovereignty, bicameral courts, and a specific balance between the three powers and the Church. Because the Constitution did not settle all matters, subsequent Electoral Laws were enacted to specify suffrage requirements and the length of legislative terms.