Constitution of Cadiz: Spain’s First Constitution and its Impact
Comment Text 3 – Constitution of Cadiz
This legal text is a constitution, specifically, the Constitution of Cadiz, promulgated on March 19, 1812.
The historical context spans from 1808 to 1814. The French Revolution influenced the liberal ideology in Cadiz, challenging absolutism. Spain faced economic, social, and political crises, exacerbated by war with France, loss of Santo Domingo, and internal conflicts. Godoy’s confiscation of church property fueled unrest. Ferdinand conspired against his father, and Napoleon’s actions led to the crowning of Joseph I, sparking the Revolutionary War. The war ended with Napoleon’s defeat, Ferdinand VII’s return, and a severe crisis.
The Courts of Cadiz represented a legal political revolution. The Central Board failed, leading to a Regency Council and the Cortes, which included nobles, bourgeois, clergy, and senior management, but excluded women and common people. Ideological groups included absolutists, Jovellanists, and liberals. The Cortes aimed to dismantle absolutism and create a new constitutional system.
While the royal family was held captive, American colonies began their emancipation process in two phases: 1808-1814, focusing on legitimacy and independence, and 1814-1824, fighting for independence from Spain.
The text’s authors comprised absolutists (defenders of the Old Regime), Jovellanists (a middle ground), and liberals (advocates of national sovereignty and liberalism).
The text targets the people, who had limited recognition in the constitution but were a concern for liberals and intellectuals.
The analysis uses a method for logical grouping of main and secondary ideas.
Key Aspects of the Constitution:
Defense of National Sovereignty (Art. 3): Sovereignty shifts from the king to the nation, delegated by vote in the Cortes.
Division of Powers (Articles 15, 16, and 17): Executive (king and ministers), legislative (Cortes), and judicial (judges) powers are separated.
Indirect Universal Suffrage: Indirect universal male suffrage is established for those over 25, ensuring popular participation in political leadership through the Cortes.
Spanish Condition (Art. 1): The Constitution defines Spanish nationality, including those in both hemispheres, but differentiates between Spaniards and Spanish citizens, denying political rights to those from Africa.
Discussion:
Considering the socio-political and economic realities of the ancien régime, the text introduces significant changes: from royal sovereignty and concentrated powers to national sovereignty and separation of powers; from a class-divided society to equality before the law and the treasury; from an agrarian economy to an industrial one with free trade and full ownership.
This constitution was Spain’s first and exceptionally important.
Main Characteristics:
- Unitary state
- Parliamentary monarchy
- Universal male suffrage
- State guarantees of citizen rights: property, equality before the law and treasury
- Free market
- National sovereignty
- Separation of powers