Spanish Constitution of 1812
The Constitution of Cadiz of 1812 was the first written constitution, which was drafted by the Spaniards for Spain and brought into force. Because of its promulgation date, March 19, which is celebrated in Spain as a holiday of St. Joseph ( Pepe ), the Constitution is also known as La Pepa. The to her time as a respected liberal Constitution of Cadiz was the model for later Spanish and foreign constitutions.
Development of the Constitution
By the Treaty of Fontainebleau, Napoleon was given the right to have his troops marching through Spain to Portugal to force the country to participate in the continental blockade against England in 1807. Napoleon saw in this permit to march through, however, an opportunity to occupy a large part of Spain. After a revolt against the Spanish government, which was led by Godoy, Charles IV abdicated in favor of his son Ferdinand VII on 19 March 1808.
In May 1808 were invited to France and both led to the abdication of Charles IV and Ferdinand VII by Napoleon to Bayonne (Spanish Bayona ). Ferdinand could be, down almost in captivity at Schloss Valençay. Napoleon continued his eldest brother as King Joseph I in Spain, a; the north of Spain was occupied by French troops. Beginning in May 1808 rose everywhere in Spain the population against the occupying forces. This resistance was violently suppressed by the French troops. To give a legal basis to claim the throne of Joseph, a Spanish Provincial general ( national assembly) was convened to Bayonne on 19 May 1808 that discussed a constitution that confirmed Joseph Bonaparte as king. This Constitution, the Statute of Bayona, was announced in July 1808 in the French-occupied regions of Spain.
In the occupied not by French troops part of the country a Junta Suprema Central del Reino y Gubernativa was formed in September 1808, a kind of shadow government that (but without order) acted on behalf of the longed King Ferdinand VII. This Junta Suprema Central appointed on 1 January 1810, the Cortes Generales y extraordinarias about after the procedure, according to which in 1789 the members of the last Cortes had been convened under Charles IV. The Cortes of Cadiz came together in September 1810 and announced in March 1812, the Constitution of Cadiz. The Cortes which met in Cádiz on September 25, 1813, were already elected according to the rules of the Constitution of Cadiz.
After Napoleon, in particular, could no longer be maintained by the pressure of the British Army, the military occupation of Spain, was returned by the Treaty of Valençay the Spanish crown to Ferdinand VII. After his arrival in Spain Ferdinand published on May 4, 1814 Manifesto of Valencia, where he announced that all the Junta Suprema Central and the Cortes of Cadiz had issued in his name, would not approve of him. He explained all the laws and decrees that had been announced in the past six years, to be void. The existing Cortes were dissolved and no new convened.
After Pronunciamiento Rafael del Riego and the subsequent unrest of Ferdinand VII was forced in March 1820 to resist the call after the re-enactment of the Constitution of Cadiz. Over the next three years, which became known as the Trienio Liberal, was again the Constitution of Cádiz. On the Verona Congress at the end of 1822 the members of the Holy Alliance commissioned ( with the abstention of England ) France thus to intervene in Spain to allow King Ferdinand VII to rule absolutist again. The French invasion of Spain, which began in April 1823 led to the restoration of absolutist rule under Ferdinand VII In the decree of October 1, 1823 the Constitution of Cádiz and all arrangements, laws and regulations of the government were repealed since the March 7, 1820.
After the Mutiny of La Granja, the regent María Cristina was forced, by the decree of 13 August 1836, the Constitution of Cadiz of 1812 formally put back into force on behalf of their daughter Isabella II. The decree on the election of Cortes from August 21, 1836 was therefore taken explicitly according to the rules of the Constitution of 1812. The validity of the Constitution of Cadiz was then repealed by the promulgation of the new constitution on June 18, 1837 again.
Content
Declaratory part
While in the preamble no direct statement to the sovereignty is made, it clearly states in Article 3: The sovereignty resides in the nation. The legislation is the Cortes with the King. Hence also the name of King Ferdinand VII as "king by the grace of God and the Constitution ." As the basis of the Constitution, the fundamental rights of the old monarchy will be called. The great aim of the Constitution was to promote the honor of the progress and welfare of the nation, in order to achieve a good government and a righteous administration of the State.
The right to liberty of the person, the right to property, the right to equality before the law, the right to inviolability of the home, the right to education were not distributed in a separate section, but on the Constitution guarantees. There are demands for all cities primary schools. Freedom of the press was referring explicitly to political content, not necessarily religious.
The Catholic faith is not only declared the state religion, the Catholic, Apostolic, Roman religion is called the only true religion and prohibited the exercise of any other religion. There was a ban even the private, non- public practice another religion.
Organisational part
The Cortes to the Constitution of Cadiz had a unicameral in which the stands approached no meaning. The indirect election system was clearly defined in the Constitution. All male, over 25 years old people voted in the communities in non- secret ballot, electors, these electors then chose along with other electors also selected the electors who then in the provincial capital of selected MPs. Neither the active nor the passive voting rights were linked to income or property. An election period lasted two years. The MPs were assured by the Constitution immunity and indemnity.
The annual sessions of the Cortes were determined. An explicit convocation was not necessary. The king was prohibited in the course of meetings intervene; Moreover, he could not resolve the Cortes.
Legislative initiatives could come from the King or by Parliament. The Constitution confessed to the king a veto. He could refuse to sign an decreed by the Cortes law and remit it. The Cortes could choose again a similar law next year. The king was the law for the second time refuse. Only at the third presentation of the king would have been forced to announce the law.
The rights and obligations of the king were determined in a separate section of the Constitution. The King led the government and the administration. He could always appoint and dismiss ministers ( Secretarios de Despacho ) according to his will. In practice, he was reliant on consideration for the majority in the Cortes.
The Constitution provided for a Council of State ( Consejo de Estado ) of 40 persons as a single advisory body of the king. The members were appointed on the proposal of the Cortes by the king. The Cortes laid before the king a three times as strong proposal list from which he could choose. Exactly four of the members had to be members of the clergy. Four other members had to be Grandes de España and at least twelve had come from the overseas provinces. The State Council should advise the King on all important matters of legislation, but also in filling judgeships or any contract. The members of the State Council could only be removed by a decision of the Supreme Court from office.
Neither the members of the Cortes still the king could fulfill judicial functions. The courts had exclusively judicial functions. Judges could only be removed by a court conviction. There were special courts for clergy and military personnel.
The Constitution provided for a "meaningful reclassification of Spain " as soon as it allowed the political circumstances. Practically went the Constitution of the division from all over Spain provinces. At the top of the provinces was a appointed by the King Jefe Superior. This was supported by a provincial Provincial, which were determined at the Corte election of the electors. The tasks of the provincial administrations were set out in detail in the Constitution. The same was true for the election and duties of municipalities ( Ayuntamiento ).
The strength of the regular army and navy should be determined annually by the Cortes. For every Spaniard was the duty of military service. In addition, national militias were provided for each province, which were composed of the inhabitants of the provinces. The service in these militias was not always necessary, but only when circumstances demanded. These militias were not allowed to be used in other provinces without the consent of the Cortes.
An amendment to the Constitution should be excluded for the first eight years after its enactment. Constitutional amendments should be carried out in a complicated process with multiple readings and interim elections by a resolution adopted by a two-thirds majority.