Spanish Constitutional Framework: Powers, Rights, and Reforms

National Sovereignty and Constitutional Principles

Sovereignty

• Extensive and meticulous articles (384) on national sovereignty.
• The principle states: "Sovereignty resides essentially in the Nation."
• It belongs exclusively to the Nation to establish fundamental laws; the King and other organs are formed by it.

Division of Powers

This principle was applied rigidly, isolating powers:

• Legislature: The Cortes with the King.
• Executive: The King.
• Judicial: A court.

Representation in National Cortes

• Various strata are represented.
• The Nation is conceived as a set of individuals who are represented by deputies.
• Representation is not mandatory but truly representative.

Regime of Rights and Freedoms

• Protection of Rights:
  • Property protection.
  • Freedom of thought and printing.
• The Nation is obligated to preserve and protect these rights and freedoms.
• Key principles included:
  • Equality before the law.
  • Fairness in taxation.
  • All citizens were obliged to defend the homeland.
  • Universal male suffrage, indirect, at four degrees (province and parish).
• Religious Question: The Cortes compelled the nation to protect the monarchy and the Roman Catholic religion.

The Monarchy and State Administration

The King

• A moderate and hereditary monarch.
• No longer embodies the entire state.
• Legislative initiative also through Secretaries of State.
• Age of majority set at 18.
• Sanctions laws.
• Provisions for a provisional regency.

Office of Secretaries

• Comprised of seven Secretaries.
• Clerks appointed by the King and accountable.
• Subject to judicial liability.

Council of State

• Composed of 40 members.
• Functions as a consultative body.

The Cortes (Legislative Body)

• Contains a comprehensive election law.
• Members serve a two-year mandate.
• Possesses legislative functions of a political and economic order.

Power Relations: King and Cortes

• The King can dissolve sessions and inaugurate sessions.
• The Cortes have exclusive veto power.
• Judges, born in Spain and over 25 years old, enforce laws in civil cases.

Economic and Social Reforms

Disentailments (Desamortización)

• Performed on properties destroyed by war.
• Included afrancesados' properties, convents, and half of municipal lands.
• Led to the elimination of entail (mayorazgo).

Abolition of the Seigneurial Regime

• Abolished feudal rights.
• Promoted freedom of contract and work.
• Involved the removal of the authority of the guilds.

Suppression of the Inquisition

The Inquisition was suppressed as part of these reforms.