The Cadiz Constitution of 1812: Spain’s First Liberal Charter
Introduction
This text is a selection of articles from the Cadiz Constitution, a primary source and legal text. It was the first Spanish Constitution and one of the earliest liberal constitutions, after the American and French ones. It was issued in 1812 while Spain was fighting the War of Independence against the Napoleonic occupation. That’s why it was drafted in Cadiz, the only city free of French occupation.
While it was being drafted, King Ferdinand VII and his father, Charles IV, abdicated their right to the Spanish crown to Napoleon, who appointed his brother Joseph as King in 1808. The new king issued a constitution (Statute of Bayonne) and some reforms that ended the Old Regime. Most Spaniards did not accept the French occupation and the changes it brought. A general rebellion broke out against the French. At the same time, a revolutionary process started. Local Juntas were formed to organize resistance and soon gathered into Provincial Juntas. Later, they formed the Central Junta, which assumed power in the name of Ferdinand VII. They stated the need for reforms and the necessity of having a Spanish Constitution.
Context
In 1810, elections to the Cortes were held. Representatives were elected by universal and indirect male suffrage. Due to the war, it was impossible for many deputies to reach Cadiz, so substitutes were elected, most of them residents of Cadiz, where liberal ideas were widespread. That same year, deputies and substitutes gathered to draft and discuss the constitution. Due to the number of liberal deputies, it became a liberal and radical constitution, very advanced for the period, that came out in 1812.
Content
The articles mainly mention the limitation of the King’s power. Sovereignty was declared to lie with the Nation, breaking with the Old Regime. It defines the political system as a limited monarchy (the power of the King is limited by the Constitution and the Cortes). There is also a clear separation of powers: executive (King), legislative (Cortes and King), and judiciary (Courts). The King’s executive powers were diminished in other articles: his ministers were responsible to Parliament, he could not sign international treaties, and he could not leave Spain or cede his authority to anyone without the permission of the Cortes (these articles were included because of the abdications of Bayonne). The Cortes was established as a single-chamber parliament, thus being one of the most radical liberal constitutions. Representatives were elected for two years by universal, indirect male suffrage. There was no representation of the old estates (nobles and Church). The Cortes represents the Nation.
Even though it was radical in destroying the Old Regime, the constitution maintains the power of the Church to maintain Catholicism as the religion of the state and forbids the practice of any other. This was a feature of Spanish liberalism in the 19th century. The Constitution was long. It defines the new political system and a new society where privileges were abolished and citizens were declared equal.
Conclusion
It was a radical and liberal constitution, too advanced for the backward and conservative country Spain was. As soon as the French left Spain and Ferdinand VII returned to the throne, his first act was to illegalize the Cortes of Cadiz and abolish the constitution and everything made by the Cortes. Absolute monarchy was restored and citizens became subjects of the King again. Even if it was short-lived, it had great influence in Europe and Latin America, where it served as a model for other constitutions. It was only in force for five years (1812-14) and during the three-year liberal period (1820-23). Nevertheless, “La Pepa,” as it was known to Spanish liberals, remained a myth.