Spanish Constitutions: A Historical Overview (1808-1869)
The Statute of Bayonne (1808)
Also known as the Constitution of Bayonne, this was established in 1808 when Napoleon installed his brother, Joseph Bonaparte, as King of Spain (1808-1814). The Constitution comprised 146 articles. While an authoritative text, it also established liberal principles with a broad range of rights and freedoms. It was a monarchical and unicameral constitution, with the Court divided into estates. Its enforcement in Spain coincided with the War of Independence.
The Constitution of 1812
Enacted in Cadiz, where the Courts of dubious legitimacy convened, it embraced liberal constitutional principles. Issued on March 19, the feast of San José (hence known as ‘La Pepa’), it consisted of 384 articles. It established the separation of powers: the executive to the king, the legislative to the king and the courts, and the judicial to judges and courts. It maintained the Basic Law of Catholic Unity, set unit codes and jurisdictions, and established a unicameral Parliament elected by indirect universal male suffrage. It was in effect from 1812 to 1814, when Fernando VII repealed it to national applause. It was revived from 1820 to 1823 and again from 1836 to 1837. Despite its short duration, it retained prestige as a symbol, even though it was barely practical and too rigid.
The Royal Charter of 1834
Amidst civil war, liberals sought a more temperate constitution to appease the Carlists. Designed by Martinez de la Rosa, a moderate liberal, it wasn’t a constitution but a text establishing the parliamentary body. It introduced bicameralism for the first time, with “the establishment of national heroes” and “the establishment of attorneys.” The nobility, the Church, landowners, high officials, and eminent figures in science, letters, and teaching were represented. The House was the establishment of attorneys, elected by limited suffrage, requiring a certain social position for eligibility. However, this failed to satisfy the Carlists. The Civil War continued, pushing the government towards more progressive liberalism. In 1836, the short summer at the farm forced the Queen to swear to the Constitution of 1812. Queen Governor Maria Cristina de Borbon obliged. This constitution proved unworkable, leading to a new constitution.
The Constitution of 1837
This text represented progressive liberal concessions to moderates, comprising 77 articles. It established the separation of powers, national sovereignty, unity and code jurisdictions, a list of individual rights, and a bicameral Parliament with the Congress and Senate. While a constitution of progressive liberalism, it did not satisfy moderate liberals, prompting them to establish a new text.
The Constitution of 1845
Consisting of 80 articles, it established shared sovereignty between the king and parliament, reinforcing the monarch’s authority. It established a set of rights and freedoms even more restricted than that of 1837, and a bicameral system with Congress, appointed by restricted suffrage, and the Senate, appointed by the king. It governed until 1868, despite attempts at reform.
The ‘Non Constitution Nata’ (1856)
Drafted by the courts but never enforced, this constitution aimed for a central and conciliatory approach. It consisted of 92 articles, clearly setting national sovereignty. It reinforced the list of individual rights, established the separation of powers, private freedom of religion, a bicameral legislature, the Standing Bureau of Cortes, a more limited power for the king, and unit codes.
The Constitution of 1869
A consequence of the revolution of the previous year, it sought a democratic state providing for universal male suffrage. It consisted of 111 articles, including a list of rights and liberties. It provided for freedom of worship but also the obligation of states to maintain the Catholic Church under the dispossession of the seizure. It established the separation of powers: the executive held by the king through his ministers, the legislative held by the King and the Cortes (bicameral with Congress and Senate elected), and the judicial held by courts and tribunals. For the first time, it established a constitutional monarchy that was not merely substantial. It was a rigid, systematic, and orderly constitution. This constitution served during the reign of Amadeo, but its duration was short due to the proclamation of the Republic.