Spanish Constitutions and the First Republic (1834-1874)

Posted on Mar 11, 2025 in History

The First Spanish Republic (1873-1874)

The First Republic (1873-1874) was a politically unstable regime. It formed a government led by Republican Figueras, but it was mostly radical. Elections were held in May, and the ruling party won a majority, but abstentions were high. The new government, led by Pi i Maragall, began drafting the constitution, which resulted in a draft constitution (1873). The new Federal Republic was overwhelmed by the left. Diehard Republicans pushed a federalist movement. The Republic took a turn to the right, leaning on the Army, particularly *militares alfonsinos*. The presidents and governments were Salmerón and Castelar. Castelar ruled in an authoritarian manner, even dissolving the Parliament. In January 1874, Castelar’s Republicans pressured and forced the reopening of the Parliament, forcing him to resign. The session of the Cortes was interrupted by General Pavia.

  • The Authoritarian Republic (January-December 1874): The year 1874 was a transition between the First Republic and the Restoration of the Bourbons. Power passed to Serrano, who continued the authoritarian line of Castelar. Finally, another military coup in Sagunto, led by General Martinez Campos, ended the Revolutionary Sexenio.

Royal Statute (1834)

  • Nature and Content: Not a constitution, but rather a charter granted. In practice, it is a regulation for the convocation of the Cortes.
  • The Power of the Courts: Designed with a consultative function. Courts could not pass laws.
  • Courts Composition:
    • Upper House of Processes: An unlimited number of notables, appointed by the Queen and hereditary.
    • Lower House of Attorneys: Elected by census suffrage of contributors.

Constitution of 1837

  • Content: It supported national sovereignty but gave a greater role to the Crown than the 1812 Constitution. The Crown could veto legislation, and the discussion of powers continued. Individual rights are still recognized.
  • The Power of the Courts: It was a shared sovereignty, with the King and the Courts creating laws together.
  • Composition of the Parliament:
    • Upper House: Senate, composed of landowners, half designated by the King and the other half by census suffrage.
    • Lower House: House of Representatives, by direct census suffrage.

Constitution of 1845

  • Content: Recognizes Catholicism as the official state religion. It limits freedom of the press and increases the power of the Crown.
  • Powers of Courts: Consists of a shared sovereignty between the Court and the King.
  • Composition of the Parliament:
    • Senate: Aristocrats appointed for life by royal appointment.
    • Congress Members: Elected by a very limited census suffrage, only 1% of the population.

Constitution of 1869

  • Character and Content: National sovereignty should be subject to the monarchy, and it includes a declaration of natural individual rights.
  • Separation of Powers:
    • Legislative Power: Bicameral, residing in the Court.
    • Executive Power: Held by the King but exercised by the government.
    • Judicial Power: Resides in the courts. The democratization of the judiciary incorporates the jury system.
  • The Courts: Establishing a parliamentary system. The Court is generally elected by direct male suffrage, and the Senate indirectly.

Draft Constitution of 1873

  • Principles: Establishes a federal republic with popular sovereignty. It makes a radical separation of church and state, removing subsidies for various cults, becoming a secular state.
  • Courts and the Chief of State: The Senate could be a place of representation of the 17 federal states. The president was the president of the republic.
  • Social Content: Many social protections for workers. Work is prohibited for minors under 16 years of age, and working time is limited to 9 hours.