Spanish Constitutional History: Cádiz 1812 and 1978

Cortes and the Constitution of Cádiz of 1812

The Formation Process

From the start of the war, local and provincial juntas sent representatives of the resistance to form the Junta Suprema Central in order to coordinate military actions. The Junta gathered in Aranjuez, recognized Fernando VII as the legitimate King of Spain, and assumed his authority. Later, the Junta fled from Seville to Cádiz. The Central Junta was unable to conduct the war effectively and decided to convene the first Cortes. Later, it was dissolved, maintaining a Regency Council formed by five members.

The election of deputies was difficult to carry out, leading to the selection of substitutes. The liberal sector succeeded in forcing the formation of a single unicameral chamber where, in the first sessions, they approved the principle of national sovereignty, recognizing that power resides fundamentally in all citizens.

The Constitution of 1812

This legal text is the document from the Cortes that best reflects the liberal spirit. The text embodies a compromise between the absolutists and the bourgeois liberals. It was established upon the following key pillars:

• National Sovereignty: Affirms that sovereignty resides essentially in the nation.
• Declaration of Rights: Contains the first declaration of citizen rights, including equality of all Spaniards before the law, the right of petition, civil liberties, property rights, and equal rights between the Iberian Peninsula and colonial territories.
• Division of Powers: The structure of the state corresponds to a limited constitutional monarchy based on the separation of powers:
  • Legislative Power: Holds broad powers, including the drafting and passing of laws.
  • Executive Power: Headed by the monarch, whose royal authority is monitored and controlled by the Cortes.
  • Judicial Power: The administration of justice falls under the exclusive competence of the courts and tribunals.
• Institutional Reforms: Other constitutional articles contemplate the reorganization of provincial and local administration, the reform of the Treasury (Hacienda) and taxes, the creation of a national army, the deployment of compulsory military service, and mandatory primary education.

The Legislative Work of the Cortes of Cádiz

The birth of Spanish liberalism: The Cortes of Cádiz approved a series of laws aimed at dismantling the obstacles of the Ancien Régime and reorganizing the state under a liberal order:

• The suppression of feudal lordships (señoríos).
• Freedom of labor and the annulment of trade guilds.
• The abolition of the Inquisition.
• The beginning of agrarian disamortization and land reform.

However, the ongoing war prevented the effective implementation of these reforms and eventually led to the return of absolutism.

The Spanish Constitution of 1978

Drafted through a broad political consensus, the 1978 Constitution established Spain as a "social and democratic State governed by the rule of law", organized under a parliamentary monarchy.

• The Crown: Exercises representative and arbitral functions.
• Civilian Control: The military forces remain strictly subordinated to civil power.
• Non-Confessional State: The legal text establishes the secular, non-confessional character of the state.
• Civil Rights: The death penalty was abolished, and a comprehensive chapter on social and economic rights was introduced.
• Linguistic Pluralism: Castilian was declared the official Spanish language, alongside the official status of Spain's other regional languages in their respective autonomous communities.

Configured as a progressive constitutional framework, it was approved by both the Congress of Deputies and the Senate, ratified by the Spanish people on December 6, 1978, and promulgated shortly thereafter. Soon after its enactment, the constituent Cortes were dissolved and new general elections were convened.