Key Aspects of Spanish Constitutional History
Spanish Constitutions: A Comparative Analysis
The Constitution of 1812 is a summary of liberal ideas from the early Spanish period. It was created by individuals fighting the French, inspired by French principles. Key ideas include:
- The principle of national sovereignty.
- Division of legislative power between the courts (Cortes) and the king.
- The Cortes would be composed of representatives of citizens and organizations in a single chamber.
- Elections held by universal male suffrage, with income requirements for candidates.
- Executive power vested in the king and his seven secretaries.
- Judicial power belonging to courts of justice, eliminating traditional powers of the nobility and clergy.
- Establishment of the Supreme Court of Justice, acting independently of the king and the Cortes.
- Regulation of provincial and municipal governments (ayuntamientos).
- Catholicism proclaimed the state religion, without religious freedom.
- Juridical equality of citizens, with equal rights and duties.
- A unified tax system, without privileges.
- Elimination of internal customs, noting the uniqueness of the state.
- Creation of a national budget for controlling income and expenditure.
Constitution of 1869
Drafted and adopted in five months, this constitution embraced progressivism, including:
- Reduced executive power to prevent authoritarianism.
- A democratic monarchy, which provoked protests from Republicans.
- Universal male suffrage.
- Civil rights and freedom of worship.
- National sovereignty and political accountability of the Cortes.
- A bicameral government.
The aim was to find a democratic king for Europe, but it faced challenges like the Cuban independence uprising, Republican and anarchist riots, and social unrest.
Constitution of 1845
This document reflects the ideology of the Moderate Party, led by Martinez de la Rosa, Bravo Murillo, Gonzalo Bravo, and Narváez. It represents a compromise between big business, new landowners, and former non-privileged estates.
Constitution of 1856
This was a progressive text with moderate elements from 1837. Prominent progressives included Mendizabal, Calatrava, and General Espartero.
Constitution of 1876
Cánovas made it clear that the future of the monarchy was beyond discussion. The constitution was drafted to allow alternation in government between the Conservative and Liberal parties. It remained in effect until 1923 and included:
- The right to individual freedom.
- Increased power for the monarch, who was also the head of the Catholic faith and the army.
- The Spanish state undertook the maintenance of worship and the clergy.
- Sovereignty residing in the Cortes with bicameral chambers.
Constitution of 1931
The majority of deputies were on the left, aiming for a separation of church and state.