Spain’s Constitutional Journey: From Old Regime to Liberalism
Spain’s Constitutional Transformation: End of the Old Regime
The promulgation of a constitution marked the end of the Old Regime in Spain. During the reign of Carlos IV (1788–1808), the economic situation worsened, and the influence of the French Revolution spread. After Napoleon’s rise in 1799, Spain’s Prime Minister, Manuel Godoy, renewed alliances with France, joining the Continental Blockade against Britain. Despite this, the British defeated both fleets at the Battle of Trafalgar (1805).
In 1807, Godoy and Napoleon signed the Treaty of Fontainebleau, allowing French troops to invade Spain. These failures, alongside the French occupation, destabilized the monarchy and contributed to the collapse of the Old Regime, establishing a new order based on new political, economic, and social principles.
The French Invasion and the Bayonne Constitution (1808)
The constitutional process unfolded amidst the French invasion of Spain and the Basque Country. In 1808, King Fernando VII swore loyalty to the Basque Fueros, but this was short-lived due to Napoleon’s invasion. Napoleon called an assembly in Bayonne, where he surprisingly agreed to demands from the Basque territories, guaranteeing the Fueros in the Bayonne Constitution of 1808, while installing Joseph Bonaparte as king.
The Bayonne Constitution, also known as the Statute of Bayonne, was a Royal Charter, meaning it was imposed by the French King, Joseph I, rather than being elected by citizens. Elaborated based on Spanish laws and the constitutional formula in force in France, it included enlightened reforms such as:
- The abolition of privileges
- Equality under the law
- The obligation to pay taxes
However, it had little impact on the Spanish people, most of whom rejected Joseph’s authority. Some Spaniards, known as “afrancesados,” supported Joseph. These were mainly civil servants interested in preserving their positions and reformists hoping to implement the promised changes. The defeat of the French forced the “afrancesados” to choose between suffering repression or taking refuge in France; an estimated 12,000 families were exiled.
The Spanish War of Independence (1808-1813)
By the summer of 1808, the population rebelled against French forces, leading to an insurgent war in which Hegoalde (the Southern Basque Country) played a key role. By 1809, French forces in strategic centers, along with the “afrancesados,” inflamed the local population, resulting in a major war. Guerrilla bands, mostly Basque peasants, began organizing and gained control of Hegoalde by 1811. Between 1812 and 1813, Napoleon’s forces gradually withdrew.
Two significant battles took place in Hegoalde during the War of Independence:
- The Battle of Vitoria
- The Battle of San Marcial (Irun)
These victories led to the restoration of the Bourbon monarchy in 1813. Despite the victory, the war had severe social and economic consequences. Furthermore, the Constitution of 1812, which called for a centralized state, threatened Basque autonomy—a struggle that continues to influence Hegoalde politics today.
The Cadiz Cortes and the 1812 Constitution (“La Pepa”)
In 1810, the Central Council (Junta Central) represented the absent Fernando VII in the areas not occupied by the French. For the first time, Spanish people had their own elected representatives in local and provincial councils. The Central Council had two primary functions:
- To respond to the needs of the war.
- To convene Cortes (parliament) to analyze necessary reforms.
In response to French advances, the Central Council took refuge in Cadiz. The Central Council then dissolved, replaced by a Regency Council which decided to hold elections to bring together representatives at the first parliament (Cortes Generales) and write a constitution. On March 19, 1812, the elected deputies, influenced by liberal ideas, met in Cádiz and approved Spain’s first constitution, famously known as “La Pepa” due to the date of its approval.
Fernando VII’s Reign and the Aftermath (1813-1833)
After Spain’s victory over Napoleon and the Treaty of Valençay in 1813, Fernando VII returned to the throne, immediately abolishing the Constitution of 1812. His reign (1813-1833) is divided into three key periods:
Key Periods of Fernando VII’s Reign
- The Absolutist Sexenio (1814-1820): Absolutism was reinstated with support from the army and conservative deputies.
- The Liberal Triennium (1820-1823): The Constitution was restored following a military revolt.
- The Década Ominosa (1823-1833): Absolutism returned once more.
After Fernando VII’s death in 1833, a civil war began between supporters of Carlos (absolutists) and Isabel (liberals), known as the First Carlist War (1833-1839).