Cadiz Cortes and the Spanish Constitution of 1812
The Cadiz Cortes and the Constitution of 1812
The Junta Central, which had assumed power in Spain during the French occupation until Ferdinand VII returned, moved to Cadiz in 1810. The Board was disbanded soon after, but not before agreeing to call for a court to decide the political model once Spain had won the War of Independence.
The Cadiz Court: A Heterogeneous Assembly
The Cadiz Court began its work in September 1810. It was unicameral, and its composition was heterogeneous. The deputy election process was difficult, given the state of war. Provincial boards sent their representatives to the Cortes. Within the Cortes, there were three main factions:
- Absolutists: Advocated for maintaining the Old Regime and the absolute monarchy under Ferdinand VII, opposing liberalism.
- Jovellanistas: Believed in necessary reforms but not a radical departure from the Old Regime.
- Liberals: Desired sweeping reforms inspired by the principles of the French Revolution.
The reformers soon imposed their views, and the Cortes passed a series of liberal laws aimed at ending the Old Regime. Freedom of the press was guaranteed, and guilds, the Inquisition, the Mesta, and manorial rights were abolished. This marked the first attempt to introduce a liberal system in Spain.
La Pepa: The Constitution of 1812
The most important work of the Cortes of Cadiz was drafting the first Spanish constitution, popularly known as La Pepa, adopted on March 19, 1812. The presentation was chaired by Muñoz Torrero. It was one of the most liberal constitutions of its time. However, it was only in force for two years, as it was repealed after Ferdinand VII returned to the throne in 1814. It was reinstated years later during the Trienio Liberal.
Key Principles of the Constitution
The Constitution upheld national sovereignty, stating that power resides in the people (not the king) but is exercised by the representatives of the nation. It established separation of powers:
- Legislative Power: Vested in the unicameral Cortes, with the power to develop laws and approve budgets.
- Executive Power: Vested in the king, but limited as he could not dissolve the Parliament, and his cabinet members (chosen freely) had to be endorsed by the Cortes. The king was also obligated to pass laws emanating from the Cortes.
- Judicial Power: Exclusively under the jurisdiction of the tribunals.
The electoral system was complex, with universal, indirect suffrage. All male citizens were equal before the law, ending past privileges. Citizens also had rights, including freedom of thought and opinion, property rights, inviolability of domicile, the right to education, and freedom of the press. Catholicism was the only permitted religion.
Legacy of the Cadiz Constitution
The Cadiz Constitution served as a model for many other European constitutions of the time, including those of Portugal and Piedmont. It was very advanced for its time. However, the absolutism of Ferdinand VII frustrated the program devised by the Constitutionalist Liberal Cadiz.