Spanish Constitution of 1869
The Spanish Constitution of 1869 bears the name of the Democratic Constitution of the Spanish nation ( Constitución Democrática de la española nación ). The Constitution was adopted after the overthrow of Queen Isabella II of a Constituent Assembly on 6 June 1869.
Development of the Constitution
In the mid-1860s the consent of the population took more and more from the reign of Queen Isabella II. Arbitrary dismissals of professors and the military crackdown on student demonstrators as well as the prohibition of various newspapers brought the intelligence against the government. For the recession and a series of bank failures and the economic policy of the government was held responsible by the bourgeois circles. The banishment of various generals brought the military on against the government. Even in the private sector, the queen lost through the expulsion of her brother, the Duke of Montpensier, was accused of seeking to overthrow Isabella II, a lot of prestige. Different pronunciamentos failed because the various opposition groups were surprised by the time and took part hardly or only reluctantly.
In August 1866 met in Ostend in Belgium, the exiled leading representatives of the progressives and the Democrats and agreed to together to strive for general elections for a Constituent Assembly, and then to let the Constituent Assembly to decide on the form of government. This contract of Ostend closed, after the death of Leopoldo O'Donnell in November 1867 the Unionists to. While General Narváez as Prime Minister of fashion Rados at least was able to use his personal prestige as Prime Minister for the Queen, were also related to this support Isabella with his death in April 1868.
When the government of Luis González Bravo slashed the budget of the Navy, which was the reason that in Cádiz a Pronunciamiento was published on 18 September 1868 that led to a general survey. Within days, not only many military joined the uprising, in many cities Juntas del Gobierno were formed to take over the local or provincial administration. Already on 19 September, resigned the prime minister González Bravo from his office. After the royalist troops under General Manuel Pavia y Lacy, Marqués Novaliches were beaten on 28 September 1868 in the battle of Alcolea by an army under the command of General Serrano, to Queen Isabella went into exile in France. The government in Madrid was initially taken over by a Junta Superior Revolucionaria. On October 3, General Serrano was appointed Chairman of the Council of Ministers.
On November 9, 1868, the law on the implementation of universal suffrage was adopted. In this Act, municipal elections to provincial councils, and elections to the Cortes be regulated in principle. From 15 to 18 January then a Constituent Assembly was elected. Were eligible to vote, 3.8 million Spaniards. The 24% of the population. On February 11, 1869, the Constituent Cortes ( Cortes Constituyentes ) met for its inaugural meeting. 236 deputies were attributed to the monarchical - democratic direction, including progressives were 156. The Republicans received 85 seats. On 1 June 1869, the new Democratic Constitution of the Spanish nation ( Constitución Democrática de la española nación ) announced. In the Constitution of the Cortes had opted for the form of government of a democratic monarchy ( constitutional monarchy ).
As to who should be king, but was disagreement. The reinstatement of Queen Isabella and her son Alfonso was not an option for the majority of the deputies. A large number of potential candidates refused the crown offered to them. For a transitional period, which lasted 19 months, 1869 General Serrano was elected regent on June 16. On November 16, 1870 Amadeus of Savoy was elected with 191 of 311 votes of the Cortes and proclaimed on January 2, 1871 King after his arrival in Madrid. He was indeed elected by a sufficient majority, but received neither of the parties nor by the Church or the Spanish nobility support. On February 10, 1873 Amadeus abdicated. On February 11, gathered the two chambers of the Cortes, the Congress and the Senate, together as a National Assembly ( Asamblea Nacional). With 258 votes to 32 a motion was decided that determined the Republic to the form of government of the nation.
Content
Declaratory part
In the preamble to the strengthening of justice, freedom and security was specified as the target of the Constitution. The legitimacy of the Cortes to adopt the Constitution was derived from the general election. The Constitution was not seen as a contract between the people and the king but as a statement of what is the will of the people. To sovereignty there was a clear statement: In Article 32 the wording La soberanía reside esencialmente en la Nación ( The sovereignty of the nation lives by its nature holds ) under Article 3 of the Constitution of Cadiz was taken verbatim. The rights of the Spaniards were grouped in one section and compared with previous constitutions greatly expanded uA to freedom of association. The state was committed the Catholic Church to entertain. The public and private exercise of other religions were foreigners and Spaniards allowed.
Organisational part
The Cortes consisted of two equal chambers, the Senate and the Congress. The deputies were representative of the whole nation not their constituencies. They had no imperative mandate. The congressmen were elected by universal suffrage of the over 25 -year-old male population. The term of the members of Congress was three years. The Senate should be filled to a quarter every three years. The composition and the nature of the election of the members of the Senate made him a cross between territorial representation and Honoratiorenkammer. The senators were elected in an indirect election process at the provincial level. The candidates had specific political, military, religious or university offices hold or have held. The king summoned a Parliament. He could take leave or dissolve within certain limits. The Cortes should be convened on the 1st of February of the year and sit at least four months a year. The chambers particular their president himself. The deputies had immunity and indemnity. The king and both houses had to bring the right legislative initiatives. A veto of the king was not regulated in the constitution. The section on public authorities carried out an unambiguous division and allocation of powers. The king was represented as the supreme executive power, he did not exercise this power but from himself but helped himself to the minister. This status had a certain resemblance to the status of the President as described later in the article 49 of the Constitution not in force of the First Republic as Poder de relacion ( mediating force).
The independence of the courts has been improved by a simplified organization, self-management and clear instance paths. Juries were provided.
A change in the current government of the overseas provinces should harmonize the rights so that they corresponded to the Constitution. The administration of the Philippines should be reformed by a law.
Provincial militias were not provided for in the Constitution, but were not excluded. The provincial and municipal governments were granted self-government rights, which should be addressed by new laws.
A constitutional amendment should be decided by the new Cortes, who had convened the Constituent Cortes.