Spain’s 1845 Constitution: Moderate Era Political Reform
The Spanish Constitution of 1845: Historical Context
The Constitution of 1845 is a legal, political, and historical document. It represented a constitutional reform of 1837, incorporating conservative ideas. Its enactment in 1845 coincided with a period of conflict between Moderates and Liberals, with the Moderates forming the majority. The framers of the Constitution of 1845 were members of the moderate government in Spain. After the fall of Espartero in 1843 and the proclamation of the coming of age of Elizabeth II, the Moderates came to power with the support of the Crown. The 1844 elections gave the majority to the Moderates, who formed a new government headed by General Narváez. Narváez promoted a policy based on the principles of Moderate Liberalism.
Key Articles and Conservative Principles
Analyzing the text, we note several key articles. The Constitution of 1845 incorporated basic conservative ideas:
- Joint sovereignty between the Crown and the Cortes
- Expansion of executive power
- Diminution of legislative powers
- Restricting the right to vote
- Eliminating the Senate’s investigative role in education
Specific Constitutional Articles
The moderate deputies introduced several articles, some of which were retained from the 1837 Constitution:
- Article 2: Retained from the 1837 Constitution, it guaranteed a certain freedom of expression.
- Article 11: Established Catholicism as the official religion, granting it priority.
- Article 12: Also retained from the 1837 Constitution, it stated that legislative power was shared by the Cortes and the Crown.
- Article 13: Retained from the 1837 Constitution, it defined the Cortes as comprising the Senate and the Congress of Deputies, with equal powers.
- Article 14: Affirmed the monarch’s power to appoint an unlimited number of Senators.
- Article 20: Stipulated that electoral boards, determining eligibility for the Congress of Deputies, would be established by law.
Objectives and Consequences of the 1845 Constitution
The primary aim of the 1845 Constitution was to conclude the revolutionary period and normalize the functioning of liberal institutions, thereby creating a fundamental law to structure the new state. This objective was supported by the prevalence of order and authority, combining political reforms with regressive measures that curtailed the social and political expectations generated by the revolutionary dynamics of the preceding period. The first Moderate governments carried out a crackdown on Liberals, whose main leaders often chose exile.
The landed gentry predominated, emerging from the merger of the old aristocracy and the new middle class of landowners. For them, consolidating a new social order was paramount. The Crown and much of the army became the most trusted guarantors of a system that did not hesitate to distort electoral mechanisms to ensure the ruling party’s victory, leaving the opposition with no alternative but conspiracy as the sole path to power.
Impact and Limitations of the 1845 Constitution
The new Constitution retained many articles from the 1837 Constitution, particularly concerning the Bill of Rights. However, its regulation was referred to subsequent laws, which proved extremely restrictive of freedoms. It conferred upon the Crown the power to appoint ministers, dissolve Parliament, and veto its decisions. It also granted the monarch the authority to appoint Senators from among trusted personalities.
A decree of 1845 regulated press freedom and suppressed the jury system for punishing “crimes of opinion.” This effectively meant government control over the press and a significant restriction of basic freedoms championed by the liberal revolution. Only the largest taxpayers in each locality, along with a select number of prominent personalities from culture, the military, government, and the Church, were entitled to vote. Furthermore, it adopted a single-member district system, which favored the predominance of the rural vote over the urban vote. This facilitated government interference in elections and led to significant electoral distortions.
The Constitution, like its predecessors, represented a significant step, benefiting many Spaniards in various ways. However, there were still areas for improvement. For instance, the highly restricted census suffrage, despite being established in this constitution, needed reform to allow all Spanish citizens to participate, not just an estimated 1%.