Spanish Constitution of 1845

The Spanish Constitution of 1845 was an amended version of the Spanish Constitution of 1837 by the King grants more rights were.

Development of the Constitution

In November 1843, the 13 -year-old Queen Isabella II was declared of age. In May 1844, leaders of the fashion Ramón María Narváez Rados was appointed Prime Minister. One of his first actions was to draw up a new constitution. The Cortes were dissolved and elected new Cortes. The newly elected Cortes decided on 23 May 1845, the new constitution.

In 1852, Juan Bravo Murillo was appointed Prime Minister. He pursued the project of a reactionary, absolutist constitution. To this end, he arranged for the Queen on December 1, 1852 to dissolve the Cortes. While the newly elected parliament convened on March 1, 1853, but was on leave in April. To vote on a new constitution that was true in the session 1854.

In 1854, after a Pronunciamiento Leopoldo O'Donnell, Baldomero Espartero appointed prime minister. The new progressivist government sought a new constitution, but with an opposite direction than the target Bravo Murillo. Therefore, a Constituent Assembly was convened on 11 August. It was here, in contrast to the provisions of the existing Constitution of 1845 to a parliament with only one chamber, which was elected on 20 July 1837 the rules of the electoral rules. The meeting took place from November 1854 to July 1855, again from October 1855 to July 1856. Ended in July Leopoldo O'Donnell, again by a Pronunciamiento, the government of the Progress fashionistas and took a short time himself the post of prime minister. The Constituent Assembly was dissolved by Royal Decree of 2 September 1856 without the new constitution was promulgated.

On September 15, 1856, the Constitution of 1845, with an explanatory paragraph, again recognized as valid constitution. By Royal Decree of 14 October 1856 of additive was abolished.

In July 1857, the Constitution of 1845 was amended by Decision of the Cortes. This change was reversed on April 20, 1864. The Constitution of 1845 was, therefore, in the period from 1864 up to the promulgation of the new Constitution in 1869 valid again in their original version. After Queen Isabella II was passed in September 1868 into exile in France, a Constituent Assembly was convened, which approved a new Constitution, which was promulgated on June 6, 1869. By the same date the Constitution of 1845 was abrogated.

Content

Declaratory part

The preamble noted that it was the will of Queen Isabella II and the Cortes of 1837 to adapt the Constitution to current needs and the ancient liberties. An explicit reference to the sovereignty was avoided. The preamble and Article 12 shows that it was assumed that a common sovereignty of the king and Cortes.

The granting of rights in the section of the Spaniards is similar to the Constitution of 1837. A change has been made ​​, however, in the statement about the religion. The Catholic, Apostolic, Roman religion is the religion of the Spanish nation. The state is obliged to maintain the worship and the ministers of the Church.

Organisational part

The Cortes consisted of two equal chambers, the Senate and the Congress. The king could appoint an unlimited number of people who held one of the offices listed in the Constitution or had clothed or the high nobility belonged to senators for life. The congressman should be chosen by direct vote in electoral districts. A census should be specified in the electoral laws. The electoral law of March 1846 resulted in about 1 % of the population was eligible to vote. There was no set sessions, but the Cortes had to be convened once a year. The term was five years. The king convened the Cortes and was able to take leave or dissolve. Upon the dissolution of the Cortes new Cortes had to be convened within the next three months. The Congress elected its president himself, the Senate President was determined by the King. Both houses of parliament and the king had the right of initiative. The king had an absolute veto on the promulgation of laws. The king was free to appoint and dismiss ministers. The king determined and appointed the senior civil servants and judges. The Constitution provides no jury trials. The provincial militias are no longer mentioned in the Constitution of 1845. Regarding the provincial and city governments is pointed to by a separate law. The same applies to the management of the overseas provinces.