Spanish Constitutions: 1812, 1834, 1837 & 1845 Analysis

The Constitution of 1812

In effect during the periods 1812-1814 and 1820-1823, "La Pepa" presents a series of striking features:

• Its length (384 articles total).
• Its considerable influence.
• The enormous importance it attaches to the legislative power.

Its ideology is based on the defense of national sovereignty, separation of powers, and constitutional monarchy, the existence of a unicameral Cortes, the creation of a National Militia, and the remarkable momentum it attaches to education and freedom of printing and publication.

Royal Charter of 1834

In force between the years 1834 and 1837 and inspired by politician Francisco Martinez de la Rosa, this is a letter granting similar rights to that Louis XVIII had given to its French nationals in 1814. Equipped with 50 articles, its ideology highlights two issues:

• The existence of two chambers: Próceres (chosen by the king) and Attorneys (chosen by census suffrage).
• The failure to regulate the powers of the king or the Government, coupled with a failure to collect any declaration on the rights of individuals.

One of the main consequences of this document is the final division that it would eventually cause within the ranks of liberalism: the moderates accept the status quo and progress is halted.

The Constitution of 1837

Comprising a total of 77 articles and in force between 1837 and 1845, the Constitution of 1837 represents an attempt to achieve some degree of approximation between the moderate and progressive principles.

Approved after the "Sarge" of 1836, a military action that had sought the queen regent swear to the 1812 Constitution, it accepted, among other principles, shared sovereignty (between the King and the Parliament), granting extensive powers to the Crown, the maintenance of the bicameral structure (Senate and Chamber of Deputies), the defense of individual rights and religious freedom. The procedure for access to the courts would ultimately be governed by an electoral law that allowed only a 2% rate of the population to participate.

The Constitution of 1845

Considered the masterpiece of moderate ideology, the constitution of 1845 was in force between 1845-1854 and 1856-1868. With a total of 80 articles and written by politicians such as Bravo Murillo and Cortes, there are three fundamental principles included:

• The case for shared sovereignty.
• The strengthening of the power of the Crown.
• Maintaining the bicameral system: on one hand, the Congress of Deputies, whose members were chosen by a very restricted census suffrage, and, secondly, the Senate, whose members were appointed directly by the monarch.