Spanish Constitution of 1812: Origins and Impact
Background of the 1812 Constitution
Following the French invasion of Spain and the coronation of Joseph Bonaparte, Napoleon’s brother, in 1808, the Spanish people did not recognize the legitimacy of the new government. Sovereign power was auto-conceded in the absence of King Fernando VII, through the creation of spontaneously appearing boards formed by local notables (nobles, clergy, and bourgeois) in each province. Their aim was to organize the fight against the French.
In September 1808, all meetings sent representatives to form the Supreme Central Board of Aranjuez, which coordinated the political and military actions of all. The Supreme Central Board acted as the governing body of the country, holding national sovereignty, directing the war, and, as proposed by Jovellanos, convening special courts to decide whether to change the Old Regime.
In 1809, the victories of the French forced the Supreme Central Board to flee to Seville and finally to Cádiz. In January 1810, severely criticized for the defeats, the Supreme Central Board dissolved and transferred national sovereignty to a Regency Council of five members.
The Courts of Cádiz
Cádiz was a commercial city, free from French domain, where new liberal ideas were flowing among the clergy and the bourgeoisie (doctors, lawyers, teachers, traders). In September 1810, the first session of the courts opened. The deputies composing the courts were mostly members of the urban bourgeoisie; there was also a third of the members from the clergy and a few nobles.
Inside the courts, members held different ideologies. Most were liberal, that is, they wanted to change the Old Regime. There was also an absolute minority that wanted to keep the Old Regime with few reforms.
Decrees and the 1812 Constitution
The Courts of Cádiz approved a series of laws and decrees to eliminate the Old Regime:
- On September 1, 1810, a decree established Fernando VII as the legitimate King of Spain, also establishing national sovereignty and the division of powers.
- A decree established freedom of the press and the suspension of censorship.
- Abolition of the estates in 1811.
- Abolition of the Inquisition in 1813.
- Abolition of the guilds, along with economic freedom, trade, and industry work.
- All citizens contribute to the state.
- Approval of the 1812 Constitution (Constitution of Cádiz, “La Pepa”).
The Constitution contained a bill of rights for citizens: freedom of thought and opinion, equality of Spaniards before the law, the right of petition, civil liberty, the right of ownership, and recognition of all legitimate rights of individuals composing the Spanish nation.
The structure of the nation-state was based on the division of powers:
- The legislature belonged to the courts (one chamber meeting).
- The executive belonged to the king, who had to swear to the constitution and could not dissolve the courts.
- The judiciary belonged to independent judges.
Members of the courts were elected by indirect universal male suffrage, and the form of the state was a constitutional monarchy. The constitution was not fully implemented because of the war against France, and once this ended, it was rejected by Fernando VII.
Significance of the 1812 Constitution
The Old Regime entered into crisis during the reign of Carlos IV, reaching its most important moment during the War of Independence and the subsequent events leading to the reign of Fernando VII. There were contradictions: a rich social class without political rights eventually accepted the enlightened ideas of equality. The enlightened liberals wanted to reform the Old Regime, which was denied by the privileged. The enlightened revolutionaries wanted to increase production, which led to subsistence crises, and they wanted to raise taxes to pay the state’s expenses, resulting in the bankruptcy of the absolute monarchy.
This constitution is important because it was the first in the history of Spain, representing the ideal of a state controlled by its citizens, and serving as a symbol of struggle in future revolutionary movements against dictatorships and authoritarian regimes in both Spain and America.