Spanish Constitutional History and Legal Codes
Spanish Constitutions and Legal Codes
Constitution of 1812 (Cádiz)
Effective: 1812-1814, 1820-1823, 1836-1837
- Constitutional Monarchy
- National Sovereignty
- Separation of Powers: Legislative (Cortes & King), Executive (King), Judicial (Courts)
- Roman Catholic Confessional State
- Constitutional Rigidity (difficulty in reform)
- Unity of Jurisdiction and Codes
- Suffrage: Indirect universal male suffrage
- Rights: Freedom of press, thought, habeas corpus, inviolability of home, property protection
Royal Statute of 1834
Effective: 1834
- Shared Sovereignty (King + Cortes)
- King: Executive power, sanctions laws
- Bicameral Legislature: Chamber of Procuradores, Chamber of Próceres (appointed)
- Catholic Confessional State
Constitution of 1837
Effective: 1837
- National Sovereignty
- Division of Powers
- Bicameral Legislature
- Suffrage: Direct, census-based
- King’s Powers: Dissolve Congress, right of veto
- Constitutional Flexibility (easier reform)
- Catholic Confessional State
- Principle of Code Reform
- Unity of Jurisdiction
Constitution of 1845
Effective: 1845
- Shared Sovereignty
- Division of Powers
- Bicameral Legislature: Senate (unlimited life, appointed by King or annuity), Congress (elected)
- Judicial powers (details unclear in source text)
- Catholic Confessional State
Constitution of 1869
Effective: 1869
- Democratic National Sovereignty
- Universal Male Suffrage
- Division of Powers
- Executive Power: King
- Bicameral Legislature: Senate (elected by universal suffrage), Congress (1 representative per 40,000 inhabitants, elected by citizens)
- Unity of Jurisdiction and Codes
- Freedom of Religion
- Rights: Freedom of association and assembly, privacy, expression
Federal Republican Project of 1873
Effective: 1873 (Project)
- National Sovereignty
- Federal Republican structure
- Regional economic, administrative, and political autonomy for states
Constitution of 1876
Effective: 1876
- Conservative
- Shared Sovereignty
- Blurred Division of Powers (King appoints administrators and judges)
- Bicameral Legislature: Senate (indirect, very restrictive election), Congress (1 representative per 50,000 inhabitants)
- Constitutional Flexibility (easier reform)
- King: Supreme command of army and navy
- Freedom of Worship
Types of Legal Codes
Illustrated Codes (I)
- Simple, clear, systematic organization
- Emerged from the rational and orderly principles of the French Revolution
Liberal Codes (L)
- Articulated, coherent, simple precepts
Differences Between Code Types
- Form: Liberal codes divide subjects into text units; Illustrated codes are simpler.
- Content: Liberal codes embody revolutionary principles (e.g., equality before the law); Illustrated codes often reflect social classes (e.g., Prussian code for nobles, bourgeois, commoners).
- Approval: Liberal codes approved by Cortes; Illustrated codes approved by absolute monarchs.
Code Consolidation Efforts
Early Liberal Consolidation
- Began with the Cortes of Cádiz.
- Civil Code: Unfinished commission; Book 1 (Individuals) printed and read in Cortes 1821.
- Criminal Procedure Law: Printed and read in Cortes July 8, 1822.
- Criminal Code: Drafted by Calatrava. Ferdinand VII cut short the process. Codes were cancelled upon his return in 1823.
Moderate Consolidation
- Failure of the Goyena Civil Code project.
- García Goyena published a French-inspired code incorporating Castilian and Foral law, facing opposition in 1851.
Civil Code Consolidation (Restoration)
- Restoration era: Stable system allowed for legislative renewal.
- Civil Code: Late approval due to inclusion of Foral law; encoding commission formed.
- Alonso Martínez introduced a Bases Act to the chambers, but it wasn’t approved.
- Francisco Silvela presented a new Bases Act in 1885, approved in 1888 with amendments, leading to the enactment of the Spanish Civil Code.
- The Code is cited as 1888 and 1889.
- Foral rights were included.