Spanish Constitutional History: 1812, 1837, and 1845

Historical Significance of Spanish Constitutions

To understand the Constitution of 1845, we must examine the Constitution of 1812, the nation's first constitution. A parliamentary committee prepared the draft starting in March 1811; the process began to take shape in August, and it was promulgated on March 19, 1812. This document contains a bill of rights for citizens, including:

• Freedom of thought and opinion
• Equality of Spaniards before the law
• The right of petition and civil liberty
• Property rights and recognition of the legitimate rights of individuals making up the Spanish nation

The Constitution of 1812: Rights and Structure

The government structure was a limited monarchy based on the separation of powers. The legislature, the unicameral Cortes, represented the national will and held powers such as the development of legislation and control over the military. The monarch served as the head of the executive, accepted the government, and intervened in drafting legislation through initiative and sanction, holding a suspensive veto for two years.

Judicial and Territorial Organization

The administration of justice was the responsibility of the courts, establishing rule of law principles such as judges' tenure and procedural safeguards. The territory was divided into provinces with county councils, while municipalities were established with elected offices for the government of the people. The National Militia was also created at local and provincial levels. This constitution embodied a compromise between the liberal bourgeoisie and absolutists, declaring a Catholic confessional state.

The Constitution of 1837: Progressive Reform

Following this, the Constitution of 1837 was drafted by a progressive government to adapt the 1812 model to changing times. Approved in June 1837, it proclaimed the basic principles of liberalism: national sovereignty, a broad statement of citizens' rights, separation of powers, and a non-denominational state. Other laws completed the legal framework, such as the Law on Printing and the Electoral Act, which established a system of census suffrage. Although restricted, this expanded the electoral roll to 2.4%. At the end of these two previous documents, we find the Constitution of 1845, as explained above.