Spanish Constitution of 1812: Key Principles and Impact
The Spanish Constitution of 1812
Promulgated on March 19, 1812
Popularly known as “La Pepa,” the Constitution of 1812 stands as Spain’s first liberal constitution. A landmark document of its time, it holds a significant place in the history of liberal texts. Key figures in its development include liberal deputies Agustín Argüelles and Diego Muñoz Torrero.
A Compromise, Not a Revolution
The Constitution of Cádiz wasn’t a revolutionary break from the past. It arose from an agreement among legitimate representatives of the time, commencing with a civic procession and mass on September 24, 1810. President of the Regency, Bishop Pedro Quevedo y Quintana of Orense, urged the assembly to fulfill its duties faithfully. While embodying a liberal spirit, it conceded to absolutist views by recognizing Catholicism as the sole state religion: “The religion of the Spanish nation is and will be forever the Catholic, Apostolic, and Roman, the one true faith.” The constitution reflects a compromise between the liberal bourgeoisie and absolutists.
Four Basic Principles
- National Sovereignty: Power resides in the nation, challenging the concept of monarchical sovereignty.
- Citizenship Rights: Article 4 states, “The nation is bound to preserve and protect by wise and just laws the civil liberty, property, and other legitimate rights of all citizens.” This includes freedom of the press, equality before the law, property rights (economic liberalism), and the inviolability of domicile. It established indirect universal male suffrage for men over 25, who elected electors who then chose the members of the Cortes.
- Representation: “The Spanish nation is formed by all the Spanish of the two hemispheres.”
- Constitutional Monarchy: A limited monarchy based on the division of powers.
System of Government
Preamble
“Fernando VII, King of Spain, by the grace of God and the Constitution.”
Legislative Power
- Resides in the unicameral Cortes with the King, representing the national will.
- Broad powers include lawmaking, budget approval, treaty ratification, and military oversight.
- Decisions regarding the succession of the crown, including excluding heirs due to disability or unworthiness, and appointing a regency in case of minority.
- Deputies serve two-year terms and are inviolable during their mandate.
- Residency is the only requirement for voters and candidates.
- The Cortes meets annually for a period fixed by the constitution to prevent the king from failing to convene or suspending it.
Executive Power
- Held by the King and ministers appointed by him, who must be Spanish and cannot be deputies.
- The King participates in lawmaking through initiative and sanction, holding a two-year suspensive veto.
- Ministers are subject to criminal liability and must endorse the King’s decisions; without their signature, decisions are void.
- Article 172 outlines twelve limitations on royal authority, including the inability to suspend or dissolve Parliament, abdicate, leave the country without permission, conduct unsupervised foreign policy, marry without permission, or impose taxes.
Judicial Power
- Resides solely with the courts, independent of the King and Cortes.
- Unified codes align with new laws, including civil, criminal, and commercial codes.
- Guarantees due process.
- Ecclesiastical and military courts maintain special jurisdictions.
Other Aspects
- Religion: Explicitly denominational, with Catholicism declared the sole religion.
- Military: Establishes a standing army regulated by the Cortes and a National Militia organized in the provinces for wartime reinforcement and defense of the Liberal State, reporting directly to the King and Cortes.
- Local Governance: Elected mayors and Provincial Political Chiefs (Civil Governors) head provincial administration.
- Education: Establishes compulsory public primary education.