Spanish Constitution of 1837

The Spanish Constitution of 1837, during the reign of Queen Maria Christina decided for her daughter Isabella II of the Cortes.

Formation

After Maria Christina had taken over in 1833 the regency for her daughter Isabella II, it adopted in 1834 to obtain the support of the Liberals against the claims of Carlos María Isidro throne de Borbón, the Estatuto Real (Royal Regulations ). This Royal statute regulated only the choice and the operation of the newly created bicameral parliament. In the course of 1836 it came, and others in connection with the dismissal of the Minister progresistischen Mendizábal riots. These uprisings culminated in the Sargentada de La Granja, a mutiny by members of the Royal Guard. The regent was forced to sit on August 13, 1836, the Constitution of Cádiz in force again.

On August 21, 1836 she arranged for September / October Corte elections according to the rules of the Constitution of Cádiz .. The decree is announced that the newly elected Cortes either the Constitution of Cádiz confirm or a new constitution should develop. This Cortes Constituyentes ( Constituent Cortes ) met in October 1836. Was appointed a commission chaired by Agustín Argüelles Álvarez, who drew up a proposal that a then reasonable compromise between Progresistas and fashion Rados and between the Constitution of Cadiz and the Royal Statute of 1834 showed.

Validity

The Constitution was adopted by a large majority and promulgated on 18 June 1837 by the regent.

After Baldomero Espartero, who had in 1841 assumed the regency for Isabella II was exiled to England in 1843, Ramón María Narváez of fashion Rados was appointed prime minister after several transitional governments. He let the Constitution of 1837 to revise the purposes of, desired by the fashion Rados, strengthening the power of the king. This new Spanish Constitution of 1845 was passed by the Cortes and set on 23 May 1845 by the 1843 for full year declared Queen Isabella II in force. Thus, the Constitution of 1837 was abrogated.

Content

Declaratory part

In the preamble to two basic statements were razed. Namely, that sovereignty lies with the nation and that the Cortes with the adoption of the present constitution, which goes back to the Constitution of Cadiz, this sovereignty exercised. Isabella II was by the grace of God and by the Constitution of the Spanish Monarchy Queen of Spain. The power to adopt laws was the Cortes with the King. In a section entitled De los Españoles ( About the Spaniards ) the rights not only of the Spaniards were committed. There was no clear definition of a state religion but the obligation of the nation, the service and the staff of the Catholic religion, the Spaniards profess to entertain the. There was no explicit prohibition of the practice of other religions.

Organisational part

The Cortes consisted of two equal chambers, the Senado (Senate ) and the Congreso de los Deputies ( Congress of Deputies ). The senators were prepared in accordance with a by voters, appointed three candidates nominated by the king. Members of Congress were elected by direct vote. The regular election period should be three years. Regarding more detailed conditions for the elections was referred to an electoral law. The first of these electoral laws provided for a very high-income census. The President of the Senate was determined by the King, while the Congress elected their own president. For the deputies insisted immunity and indemnity. The legislative initiative was the king, come from the Senate or the Congress. The king had an absolute right to veto laws passed by the Cortes.

The King led the executive, he summoned the senior civil servants and military personnel. He was free in principle to appoint and dismiss ministers. The king convened the Cortes and could dissolve it at any time.

The case law was exclusively reserved for the courts. Criminal proceedings should be public. Judges could only be removed by a court order from the office. There should be a law be created that work of juries regulated.

The Constitution contains the basic regulations, which concerned the provincial and city governments. Reference was made to a yet to be created an implementing act.

Apart from the normal military for which there was an official duty, provincial militias were provided, which could be used only with the consent of the Cortes in other provinces.

The management of the overseas provinces should be regulated by special laws.