The 1876 Spanish Constitution: Monarchy, Dynastic Parties, and Governance
The 1876 Constitution
This is a legal text, specifically the Constitution of 1876. Drafted by the courts and King Alfonso XII, it was enacted in 1876 with the intention of serving all Spaniards.
Historical Context: The Restoration
Following the reign of Isabella II, Spain experienced two distinct political shifts: an attempt at a democratic monarchy under Amadeo I, and a subsequent republic. In response to this instability, the decision was made to restore the monarchy. This led to the ascension of Alfonso, son of Isabella II, as King Alfonso XII.
Key Features of the Restoration Period
The Restoration period was characterized by the return of the monarchy and the establishment of a new political framework. Central to this system were the dynastic parties, successors to the earlier liberal parties. These evolved into:
- The Conservative Party, led by Cánovas.
- The Liberal Party, directed by Sagasta.
Complementing these parties was the Constitution of 1876 itself. This constitutional framework facilitated a system where both dynastic parties could share governmental power harmoniously through the celebration of elections.
Structure of Government under the 1876 Constitution
The state was defined as a constitutional monarchy. Governmental power was vested in two chambers:
- The Congress: The lower chamber, elected by limited suffrage. The specific criteria for suffrage could vary between elections.
- The Senate: Members were appointed by the King and drawn from the wealthiest segments of Spanish society, ensuring representation of their interests.
Distribution of Powers
The constitution outlined the separation of powers:
- Legislative Power: Shared between the King and the Courts.
- Executive Power: Belonged to the King.
- Judicial Power: Exercised by the tribunals. A significant aspect was the application of a single law for all citizens, superseding previous regional legal systems like the fueros.
Church-State Relations and Freedoms
The constitution established a confessional state, officially recognizing Catholicism as the state religion. The state committed to financially supporting the Church and its clergy. While other religions were not explicitly forbidden, they were restricted from public practice.
Fundamental freedoms were guaranteed, including the rights to:
- Express opinions.
- Assemble.
- Freedom of expression without censorship.
Significance and Legacy
The 1876 Constitution was pivotal in providing stability to the Spanish political system. It remained in effect until 1923, a remarkable duration, when Primo de Rivera staged a coup d’état. The constitution drew influence from earlier moderate constitutional precedents. Its moderate nature is evident in the shared sovereignty between the Nation and the King, the bicameral legislature, limited suffrage, the linkage of powers, and the established Church-State relationship.