Malcolm Rivera
Spain's first constitution, also known as La Pepa, was enacted in Cádiz on March 19, 1812, during the Spanish War of Independence (1808-1814). It was crafted and adopted by the Cortes of Cádiz while under siege by French troops. The constitution was of a liberal character, establishing national sovereignty and the division of powers. It also significantly reduced the power of the crown and the Catholic Church, despite Catholicism remaining the state religion. The current Spanish Constitution, enacted in 1978, is the culmination of the country's transition to democracy after the death of dictator Francisco Franco.
| Characteristics | Values |
|---|---|
| Date enacted | 19 March 1812 |
| Location enacted | Cádiz |
| Political context | Spanish War of Independence (1808-1814) |
| Previous government | Absolute monarchy |
| Previous monarch | King Fernando VII |
| Authors | Cortes of Cádiz |
| Number of titles | 10 |
| Number of articles | 384 |
| Nature | Liberal |
| Purpose | To reorganise the state based on liberal principles |
| Key principles | National sovereignty, division of powers, limited monarchy |
| Key outcomes | Reduced power of the crown and Catholic Church |
| Languages | All Spanish languages |
| Symbolism | Affectionately known as "La Pepa" |
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What You'll Learn
The Spanish Constitution of 1978
The 1978 Constitution is significant as it is the first in Spain's history that was not imposed by a single party but rather represented a negotiated compromise among all the major parties. It repealed all the Fundamental Laws of the Realm, including the constitution of the Francoist regime, as well as other major historical laws and any pre-existing laws that contradicted it. The new constitution took cues from both older Spanish constitutions and other contemporary European constitutions. For instance, it included a provision for a constructive vote of no confidence, inspired by German Basic Law.
The Constitution is organised into ten parts (Spanish: Títulos), with an additional introduction (Spanish: Título Preliminar), a preamble, several additional and interim provisions, a series of repeals, and a final provision. It includes provisions for individual rights, such as the right to a public and fair trial with the right to an attorney for indigent defendants, and the freedom of worship. It also establishes the functions of the King, which are outlined in Article 62 and are symbolic in nature, with no political power.
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The Constitution of 1869
The resulting text, the Constitution of 1869, reflected a progressive and democratic set of ideals. It returned to the concept of national sovereignty as its source, strengthening representative institutions. It also included an ambitious declaration of rights, which, for the first time, stipulated freedom of worship. The bicameral parliamentary system was maintained, with the Senate voted for by the people, albeit through delegated electors and people who met certain minimum criteria. Congress, on the other hand, was elected via universal suffrage.
A new draft Constitution was drawn up, which, in addition to the Republican format, configured a federal State. However, the new Republic was short-lived, as a succession of four presidents in less than a year led to a military coup in early 1874, resulting in the abolition of the Republic and the proclamation of Alfonso XII as the new King. This ushered in a new period of conservatism, and the Constitution of 1869 was replaced by the Constitution of 1876.
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The Constitution of 1834
The Royal Statute of 1834, also known as the Constitution of 1834, was a granted constitution that established Parliament as the representative body. This statute was passed by Regent María Cristina, following the death of Ferdinand VII, to make concessions to those demanding a return to the constitutionalism of 1812.
The Constitution of 1837 served as the constitution of Spain from 1837 to 1845, when it was replaced by a new constitution under the Moderates. One of the main differences between the two constitutions was that the new constitution of 1845 narrowed the franchise to less than one percent of the population.
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The Constitution of 1812
Upon his return to power in 1814, Ferdinand VII abolished the Constitution of 1812, restoring absolute monarchical power. He resumed power until the end of his reign in 1833, except for the liberal interregnum of 1820-1823 when the Constitution of Cádiz was re-established as the fundamental law of the state.
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The Constitution of 1876
The 1876 Constitution was the culmination of a tumultuous period in Spanish history. In 1868, a military declaration ended the existing constitutional regime and marked the start of a new political and social revolution. Queen Isabella II was exiled, and a provisional government was formed, which held elections for a constituent Parliament. These were the first elections held by universal male suffrage. The resulting Constitution of 1869 reflected progressive and democratic ideals, including the strengthening of representative institutions and the inclusion of an ambitious declaration of rights, which, for the first time, stipulated the freedom of worship.
However, against a backdrop of open political confrontation, the King was forced to give up the Crown in 1873, leading Parliament to establish the First Spanish Republic. This republic was short-lived, as a military coup at the start of 1874 led to the abolition of the Republic and the proclamation of Alfonso XII as the new King. An interim government, led by Cánovas del Castillo, was confirmed by King Alfonso XII, ushering in a new period of conservatism. The Constitution of 1876 was drafted during this period and passed by the constituent Parliament.
The 1876 Constitution established a bicameral Parliamentary system, with power alternating between the two major political parties, the conservatives and the liberals. This system provided stability, but it gradually lost its legitimacy due to social and political problems, manipulations of suffrage, and a series of crises in the early 20th century. The end of this period was marked by another coup d'état in 1923, which established the Dictatorship of General Primo de Rivera.
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