Spanish Constitutions of 1837 and 1869: A Comparative Analysis

The Constitution of 1837

The Constitution of 1837 Following the death of Fernando VII in 1833, his young daughter Isabel, under the regency of his wife Maria Cristina, took over Spain. During this regency, the power of liberal groups, both progressive and moderate, fluctuated. The progressive government, formed in September 1836, immediately convened special courts to decide on the restoration of the Constitution of 1812 or the creation of a new one. After nearly a year of discussions, Parliament approved a new Constitution on June 8, 1837, which was signed by Elizabeth II on November 17. This constitution consists of 13 titles, with a total of 77 articles, plus two additional ones. The new constitution embraced the principles of doctrinaire liberalism, granting the crown significant power. While maintaining the principle of national sovereignty, it included a broad declaration of citizens' rights, such as freedom of the press, opinion, association, the right to petition, guaranteed security, and property rights. The separation of powers and the absence of a Catholic confessional state reflected progressive aspirations. However, the introduction of a second chamber, the Senate, which was more conservative, granted greater powers to the Crown, including the power to veto legislation, dissolve Parliament, appoint ministers, and control the electoral system, which was extremely restricted, with only 4% of the population eligible to vote.

The 1869 Constitution

The 1869 Constitution, under the Interim Government led by Serrano and Prim, quickly implemented a reform program. Freedom of the press, assembly, and association, as well as universal suffrage, were immediately recognized. Reforms in education and the democratization of municipalities were also approved. Simultaneously, the provisional government called elections for a Constituent Assembly, while discussions favored a monarchy for the future political system. The elections, the first in Spain with universal male suffrage, were won by the ruling coalition, and two significant minorities emerged within the Courts: the Carlist and Republican factions. The Constitution of 1869 contains 11 titles, divided into 112 articles, and outlined a comprehensive liberal-democratic system of freedoms compared to other European constitutions of the same period. It proclaimed national sovereignty and confirmed universal male suffrage. It included an extensive bill of rights, adding new guarantees such as freedom of residence, education, religion, and the sanctity of mail to traditional individual rights. The monarchy form of government remained, with the king holding executive power and the power to dissolve Parliament. However, it was explicitly stated that he exercised his power through his ministers, and laws were drafted by the Cortes, with the king only sanctioning or promoting them. Furthermore, the constitution not only proclaimed the independence of the judiciary but also implemented measures to achieve it, creating a system of examinations for judges and public action against judges who committed offenses in the exercise of their office.