The 1876 Spanish Constitution: Stability and Limitations
Location and Purpose of the 1876 Constitution
This document is a primary source and a political text, as it presents articles from the Constitution of 1876. Its content is legal, as it contains laws. It was drafted by King Alfonso XII and the Cortes in Madrid on June 30, 1876, during Alfonso XII’s reign, for Spanish citizens, thus serving as a public decree. Its primary purpose was to establish the foundation of the new Cánovas system to achieve stability and order.
Analysis of Key Articles
The central idea of the Constitution was to establish the foundation of the Restoration political system. Firstly, it declared Spain a Constitutional Monarchy with shared sovereignty. It then detailed the following articles:
- Article 11: Spain was a confessional state, but people could practice other religions privately. Moreover, the state provided funding to the Church.
- Article 13: It guaranteed individual rights such as freedom of expression, printing, and assembly, but these rights were subject to rules established by the system.
- Articles 18, 19, 20, 28, 50: These articles outlined the separation of powers and shared sovereignty between the Cortes and the King. The Cortes was bicameral, comprising the Congress and the Senate. Senators were elected by the King or the oligarchy. In the Congress, deputies were elected based on the government’s preference: censitary suffrage (under Cánovas) or universal suffrage (under liberals). Overall, it represented an imperfect separation of powers, as the King retained both executive and legislative authority.
- Article 75: This article mandated centralization and the abolition of independent fueros (regional privileges).
Historical Context of the Restoration Era
Before the Constitution’s publication in 1876, Spain experienced significant chaos and lacked political or social order. The army wielded excessive power, frequently instigating military uprisings to change governments. Consequently, Spain was unstable. During this period, the government transitioned from Isabel II’s constitutional monarchy to the First Republic. However, General Martínez Campos led a military uprising, ending the Republic and re-establishing the constitutional monarchy with Alfonso XII as King.
In 1876, the Cánovas system was proposed by Antonio Cánovas del Castillo to govern with shared sovereignty between the Cortes and King Alfonso XII. The system was based on British political models, featuring turnos (peaceful rotations of government) between two main parties (the Conservatives and the Liberals) without significantly disrupting national politics. This bipartidismo (two-party system) helped maintain order in Spain; the primary change during a turno was the type of suffrage employed. Furthermore, Cánovas learned from past mistakes, understanding that the army’s influence had to be curtailed to prevent further military uprisings. The main drawback of this system was the significant power held by the oligarchy.
This period of stability ended in 1898 with the loss of Spain’s last colonies and the Spanish-American War, which had a profound political, economic, and psychological impact on the nation. Later, social unrest, such as the Tragic Week in Barcelona (1909), arose, protesting against perceived unnecessary conflicts and conscription. It is important to note that even after Primo de Rivera’s coup d’état (1923), the Constitution was not formally abolished and remained in effect until 1931, with the proclamation of the Second Republic.
Significance of the 1876 Constitution
This Constitution was crucial in establishing the foundation of a new political system that brought a period of peace and order to Spain. However, it represented a step backward in modernization, as the King and the oligarchy held excessive political representation, while ordinary citizens had limited participation.