Spanish Constitution of 1812: A Foundation of Liberalism
**Classification of the Constitution of 1812**
**Nature of the Text**
We have a selection of fragments, namely 11 articles, from the first Spanish Constitution, which established a model of liberalism in Spain: the Constitution of Cádiz, also known as La Pepa. Because of its legal nature, we can see that it is a source text of a legal nature.
**Author and Target Audience**
The author is collective: the Cortes of Cádiz, representing the Spanish nation, including all Spaniards from both hemispheres. The target audience encompasses all persons under the government established by this law. Issued on March 19, 1812 (hence the nickname “La Pepa”), it was developed in Spain during a war while occupied by Napoleon’s troops. It was prepared in Cádiz because this town, near Lisbon, was among the few not occupied by Napoleon’s troops, although Cádiz itself was under siege. The Cortes was convened by the Central Supreme Council due to the impossibility of conducting the war, so that the nation could be reorganized as a last attempt to refocus Spain’s uncertain future.
**Analysis**
**Article 1: Definition of the Spanish Nation**
Article 1 defines who constitutes the Spanish nation, noting that this appellation also encompasses the inhabitants of the American colonies (“Spaniards of the two hemispheres”). It was believed that the constitution could placate the liberal claims of the natives and their possible desire for independence. However, it is noteworthy that mulattos, mestizos, Indians, and blacks did not have the same right to elect deputies, and the percentage of representation of Latin American provinces was lower than those of the peninsula and islands.
**Article 2: Freedom and Independence**
Article 2 clarifies the absolute freedom and independence of the Spanish nation. Spain had suffered a dynastic crisis when Ferdinand VII usurped royal power from his father, Charles IV, through the events of the Mutiny of Aranjuez. Subsequently, the people witnessed the abandonment of their kings who abdicated in favor of Napoleon (Abdication of Bayonne). As the owner of much of Europe, Napoleon delegated royal power to his brother, Joseph I, as the new king of Spain.
**Article 3: National Sovereignty**
Article 3 defends one of the basics of political liberalism: National Sovereignty, whose precedent is found in Rousseau’s thinking. This is the nation’s authority to grant laws, drawn by their legitimate representatives, the foundation of any democracy. It has precedents in the English parliamentary system and the creation of liberal states such as the U.S. and France.
**Article 4: Individual Rights**
Article 4 seeks to ensure individual rights without fully achieving them. It names two essential rights to bourgeois ideology: civil liberty (freedom of movement, expression, and thought) and economic liberty. However, to appease absolutist members, the state is declared as Catholic, and public worship of other faiths is prohibited. To ensure civil liberties, actions are taken against the absolute monarchy and the old feudal rights of nobility and high clergy (jurisdictional domains). Another fundamental right for a capitalist bourgeoisie is private property. Legislation aimed to bring to market properties previously redeemed or impossible to buy or sell, such as noble properties (primogeniture), religious communities, or municipal property. With the demise of primogeniture and subsequent confiscations, private property of the bourgeoisie will be enhanced.
**Article 6: Love of Country**
Article 6 speaks of love of country. During the 18th century, Bourbon centralism gave rise to the idea of Spain as one nation, composed of different regions unified by laws emanating from the new absolutist monarchs. This idea was strengthened by the French invasion, which raised a strong sense of nationalism. In this context, a genuine national army emerged, comprising mostly young people forced to perform military service. The National Military was created to defend the constitutional order. Finally, the supreme value of equality, one of the driving forces of the common people in the French Revolution, especially regarding economic equality, is reduced to the recommendation to be “just and beneficial.”
**Article 12: Religion**
In Article 12, the state declares that the faith is the absolute Spanish Catholicism, and any other religion is prohibited. This article was a concession to the absolutists, led by the Bishop of Orense, as mentioned in Article 15.
**Article 15: Legislative Power**
Article 15 tells us that legislative power is vested primarily in the Cortes. These Cortes differ from previous ones in that they are not collected by social strata but jointly chosen by the people through indirect universal male suffrage. However, the king has the power to enact laws or prevent their immediate implementation through a suspensive veto of two years, as the government can promote the drafting of laws.
**Article 16: Executive Power**
Article 16 focuses executive power on the king. The king has accepted the government, appoints and dismisses ministers (previous cabinet), and directs the administration of the state with the help of a Council of State intended to supplant the odious palace cliques. It would be a limited monarchy, with the possibility that the king might try to extend his powers. Subsequent articles provide for the possibility of excluding the heir to the throne due to disability or indignity and mechanisms to name a regency in case of minority.
**Article 17: Judicial Power**
Article 17 proclaims that the judiciary lies in the courts, prohibiting the Cortes and the monarch from judging. It ensures the fundamental principles of the rule of law, provides a unique code except for the clergy and military, and establishes guarantees for the safety of citizens.
**Article 27: The Cortes**
Article 27 speaks of the Cortes, the central institution of the new regime, representing the will of the nation. Its powers are very broad: development of legislation, decision on the succession of the crown, approval of international treaties, setting annual contributions and army forces, etc. It should meet annually, and a permanent council composed of seven members is established to enforce the Constitution when the Cortes are not in session. Members are elected for two years and are incompatible with any other political office. Residence is the only condition for voters and candidates, although there is an income requirement for the latter. The system is indirect, with four grades: neighbors, parish voters, electors, and deputies.
**Article 172: Limitations on the Monarch**
Article 172 speaks of the limitations of the monarch, inspired by distrust of an eventual return to absolutism. As mentioned, the monarch cannot prevent the holding of the Cortes. It specifies the regulation of the royal family and responds to the prevention of an heir, as aroused by the Mutiny of Aranjuez and the Abdication of Bayonne.
**Comment**
In 1812, during the War of Independence, part of the peninsula was occupied by French troops. The Cortes represented the political resistance against the invaders and filled a “power vacuum.” The rightful king was Joseph Bonaparte, as Charles IV and his son Ferdinand VII had abdicated the throne in Bayonne, delivering it to Napoleon and his brother. However, part of the Spanish nation did not recognize the transfer of sovereignty and took up arms. The events of May 2, 1808, in Madrid spread across the country. Provincial Boards were created, forming a Central Supreme or National Board that tried to coordinate the war effort. This led to the victory of Bailén (July 1808) and a spontaneous popular resistance movement that led to “guerrilla warfare” and “guerrillas,” which, in turn, waged war on the French. Famous guerrilla fighters included El Empecinado and Father Murphy. Some cities, like Girona and Zaragoza, offered strong resistance.
This power vacuum led the Supreme Central Junta to convene a meeting of representatives of all “the Spains” (Cortes) to legally organize resistance to the French invaders. Most representatives were members of the bourgeoisie, although there were also members of the nobility and clergy. This enabled the triumph of the joint meeting in a single chamber and the proclamation of national sovereignty.
The Supreme Central Junta convened the Cortes in Cádiz, a town with a strong liberal disposition due to its bourgeois merchants, foreign merchants, and many enlightened liberals and reformers who fled the war. It was the last Spanish stronghold, protected by the British navy. The recipients are the people of the village, and the objective is to publicize the liberal ideas that break with the characteristics of the Old Regime and take a step toward the liberal state.
The liberal spirit of this constitution is influenced by the French Revolution of 1789, which changed the course of history by proclaiming the end of absolutist tyrannies. The end of the War of Independence took place after the Treaty of Valençay, which “restored” King Ferdinand VII. Upon returning from exile, his first act was to nullify the Constitution and continue with an absolutist government, in line with what was done in “the Europe of the Restoration” after defeating Napoleon.
This is an objective text because it is a series of articles from the Constitution. The fragments collected in this review are crucial to the further development of the law in Spain, as evidenced by the fact that some are still valid today and are key pillars of our current constitution: national sovereignty, separation of powers, and compulsory public education.