Evolution of Spanish Constitutions: 1812, 1837, and 1869
Constitution of 1812
The democratic spirit of the Constitution establishes the principle of national sovereignty, implemented by universal suffrage. The adoption of the representative mandate model and limited direct popular participation shaped the state’s representative profile. Key principles included:
- Division of Powers:
- Legislation: Courts with the King.
- Executive: King.
- Judicial: Courts established by law.
- Form of Government: Moderate monarchy.
- Principle of Freedom: Fundamental Rights:
- Freedom and security.
- Inviolability of the domain.
- Freedom of expression.
- Due process: Requirement to judge.
- Abolition of torment, urgency, and property confiscation.
- Right to vote.
- Right of petition.
- Principle of Equality: A decree abolished estates and privileges, establishing equality under the law for all Spaniards.
- Unit Denominational Religious State: Catholicism was the sole religion of the state (Article 12).
Constitution of 1837
Key principles of this Constitution:
- Shared Sovereignty: Between the King and the Cortes, with legislative power equivalent to constituent power.
- Flexible Division of Powers: Encouraging collaboration among government bodies.
- Individual Liberty: Embodied in the Bill of Rights (Part I).
- Religious Tolerance: While the state maintained Catholic worship, the status of a deputy required being a layman. Article 11 mandated state support for Catholic worship.
Constitution of 1869
Parliamentary Representation: Bicameral Courts with a unique representation of provinces in the upper house. Universal suffrage for those over 25 and elective nature of both Houses were key. National sovereignty resided in the people (Article 32).
Powers: Parliamentary monarchy with separation of powers:
- Legislative: Bicameral courts with broad powers.
- Executive: King, guided by British law.
- Judicial: Independent courts with a jury system.
Following an unsuccessful democratic attempt, Spain entered a new phase in 1874, leading to the Bourbon Restoration with Alfonso XII and the Constitution of 1876. This period consolidated the bourgeoisie and liberal doctrine.
Restoration Era: The Restoration aimed for order and stability after revolutionary changes. Antonio Cánovas del Castillo was a key figure. The King’s role was redefined as “reigns but does not rule,” exercising power through ministers.
Political System:
- Legislature: Elected by universal suffrage.
- Judiciary: Career officials selected through competitive examinations.
Individual Rights: Freedom of assembly, association (unless contrary to morals), and expression were guaranteed. Private property rights were established. Freedom of worship was recognized, although the state supported the Catholic clergy.