Spanish Constitutional History: 1812, 1837, and Regional Laws

Modification of Laws of October 25, 1839

Navarre

The Navarre Commission consulted the government and courts. The Treaty Law (1841) retained its civil law and maintained self-government in fiscal and military matters.

Basque Provinces

The Basque Provinces did not attend the consultations. In 1841, moderate Basque deputations supported a finding that failed, leading Espartero to decree the abolition of privileges. In 1844, there was a partial restoration of privileges (moderate) because the earlier decree was intended as punishment to prevent discontent and curb the radicalism of the progressives.

• Restored juntas and county councils, but with fewer powers.
• Restricted the political powers of the chief (mayor).
• Customs and rural transit duties were not restored.

An interim system was established, leading to the total abolition of privileges in 1876 and an economic agreement in 1878.

Constitution of 1837

Socio-Economic Reforms

These included a definitive break with the Ancien Régime (AR), abolition of feudal tenure, impetus to confiscation, freedom of commerce and industry, articulation of the national market, and abolition of tithes.

Executive and Legislative Power

The power of the king was extended. The executive shared legislative power (absolute veto), and the king could summon, suspend, or dissolve the Cortes, and appoint senators from lists proposed by voters.

Cortes (Parliament)

It was bicameral: Congress members were elected by census suffrage, and the Senate was appointed by the king.

Church-State Relations

The state financially supported the church (due to confiscations) and the ministers of the Roman Catholic religion practiced by the Spanish.

Give and Take Provisions

Key elements included:

• Recognition of freedom of the press.
• Establishment of special juries for press crimes.
• Legal uniformity: the same laws for all territories of the monarchy.
• Common taxation and presentation for military service.
• Autonomy of local power, allowing local residents to choose officials.
• A national militia, composed of armed civilians controlled by municipalities, for maintaining public order (a progressive aspect).

Constitution of 1812

Principle of Sovereignty

National sovereignty was established.

Form of Government

It established a constitutional and hereditary monarchy, recognizing Fernando VII as the constitutional monarch.

Division of Powers

• Executive: Required the king's signature via a secretary of office.
• Legislative: The Cortes developed laws, fixed taxes, and controlled the succession of the crown.
• Judicial: Handled by the courts.

Give and Take Provisions

These included common taxation (everyone pays taxes), a free press, and the right to property.

Church-State Relations

There was a categorical statement establishing the Catholic religion as the official state religion.

Army and National Defense

These were provided for by the national militia.