Cadiz Courts: Constitution, Abolition of Ancien Régime
The Courts of Cadiz: Constitution and Abolition of Ancien Régime
Call to the Courts and the Work of the Constitution
Between May and August 1808, thirteen provincial defense boards were formed in Spain. In September, some of their representatives formed the Central Governing Junta of the Kingdom, which assumed regency until the return of Ferdinand VII. They refused to recognize Joseph Bonaparte as king. The Junta’s priorities were to create new boards, direct public affairs, fight the French, and draft a constitution. This led to two factions: Francophiles and patriots. The patriots were divided into liberals, who sought a political regime based on the French Revolution, and absolutists, who opposed the ideas symbolized by Joseph I.
The Constitution of the Cortes of Cadiz
Representatives from thirty-three cities were elected to move to Cadiz to draft a constitution. In 1810, the Parliament convened in Cadiz with 184 deputies of various political ideologies, dominated by liberals. The work to draft the constitution had started before the Parliament with committees under the guidance of Gaspar Melchor de Jovellanos.
The Work of the Cortes of Cadiz: The Constitution
a) The Cadiz Cortes issued decrees that abolished the foundations of the ancien régime:
- Freedom of the press was decreed, abolishing censorship of public writings, but not religious ones.
- Jurisdictional domains were abolished, eliminating the concepts of lord and vassal.
- Guilds were suppressed, allowing for capitalist economic relations.
- The seizure and sale of lands of municipalities, military orders, and the Jesuits were decreed.
- The privileges of the Mesta were repealed.
- The Inquisition was abolished.
b) On March 19, 1812, the Constitution was approved:
- National sovereignty was proclaimed.
- A constitutional monarchy was proclaimed.
- Legislative power rested with the courts, with one chamber elected by universal male suffrage. The separation of powers was recognized.
- Spain was defined as a unitary state.
- Rights and political freedoms were recognized for all citizens.
- A politically and administratively centralized state with common taxation and a citizen army was established.
- Primary education was made binding for all nations.
- The State religion was declared.