Constitution of Cádiz (1812): Analysis and Impact
Constitution of Cádiz (1812): A Primary Source Analysis
It is a historical text because it is a primary source, which is correct, and not interpreted. In terms of content, it is legal, we could say legal, because it is a constitution. The Courts of Cádiz were formed between 1810 and 1813. Packed under special conditions, their composition was not a reflection of reality: they were made up of too many clergy, military, liberal, and bourgeois. It is a public text addressed to the inhabitants of Spain and the colonies. It was written in Cádiz on the 19th of March of 1812. It was celebrated in Cádiz because almost all of Spain was under the control of Napoleon’s troops, and the Cortes had to meet there. The king and his family were in exile.
Key Articles and Liberal Principles
The 1st article tells us that Spain was divided into two groups because of the Independence War, which started after Napoleon forced the King of Spain, Fernando VII, and the King of France, Louis I (the brother of Napoleon), to sign the Abdication of Bayonne. These two groups were the French and the Patriots. Article 3 shows one of the basic concepts of liberalism: sovereignty resides with the nation. This article gives Spanish society the power to decide on laws, a power that had been in the hands of the king. Article 8 eliminates all privileges and declares that all citizens pay taxes in proportion to their economic resources. That is another liberal idea. Article number 12 shows a basic characteristic of Absolutism. It declares that the Catholic religion is the only religion which can be practiced, and other religions are forbidden.
Government Structure and Separation of Powers
In article 14, the type of government of Spain is declared. Spain would have a constitutional monarchy. The government would be a hereditary monarchy. The power of the king is really limited. The next three articles talk about another liberal aspect: the separation of powers (legislative power, which lies in the King and in the Cortes; judicial power, which lies in judges and tribunals; executive power, which remains in the hands of the king). Finally, article 371 discusses the freedom of the press and freedom of expression, stating that all Spaniards have the liberty to write or publish their ideas.
Impact and Legacy
It was the first Spanish constitution, with the abolition of the Statute of Bayonne. This was formally a constitutional text, but it was not drawn up by a parliament and imposed by Napoleon; hence it is said that receipt of the letter is acknowledged. But when Fernando VII returned, he did not accept the Cadiz constitution. He established an absolutist regime, with one exception: the Liberal Triennium. It influenced the liberal constitutions of the 20th century, especially the progressive ones. The constitutions of the colonies that became independent were also inspired by this text. Finally, it was a model for the constitutional movements of Portugal and Italy in 1820, and for the Russian Decembrists (officers who rebelled against the tsar) in 1825.