The constitution that the courts of Cádiz promulgated on March 19, 1812, led to the enlightened society of the era who embodied Jovellanos, Saavedra, Cabarrus, Melendez Luis de Urquijo to a new state political liberalism, which would serve to political axis savior of absolutist doctrines governing the Bourbon Spain at that time.
That declining imperial Spain, invaded legally by the Treaty of Fontenebleu and delivered to the emperor in the abdication of Bayonne, was lack of a king, but not notable citizens, willing to write in his name a constitution that would endow the Spanish from both hemispheres something as simple yet necessary for the progress of society, that they give itself, a fair legal framework on building prosperity and thus the prosperity of the kingdom, this legal framework was the constitution of the Cortes of Cadiz 1812, a constitution within the range of thought of the time, stated in Article 1 that the Spanish nation is the gathering of the Spanish people of both hemispheres, and in its Article 3 he gave to the nation, only the right to establish fundamental laws, this release is that sovereignty rests with the people and although Article 14 provides that the form of government is a hereditary monarchy moderate, Articles 15, 16, 17 implemented the necessary separation of powers so that the society of the time needed to progress.
Article 14. The Government of the Spanish nation is a moderate monarchy hereditary.
Article 15. The power of making laws resides in the Cortes with the King.
Article 16. The power of executing laws resides in the King.
Article 17. The power to enforce laws on the causes lies in civil and criminal courts established by law.
The legal framework created by the constitution of 1812, gives civil society of the time a fairly solid base on which to base the creation of a society, fairer, freer and more democratic, and that it shows in the Title 3, which deals with the issue of election of deputies, they shall be elected by universal male suffrage established in Articles 88 and 89, but does not advance the rights of women, something that did not happen or Spain, or in other parts of the period until 1838 in Pitcairn are the Republicans would endow 119 years after the woman's right to vote in Spain in the constitution of 1931
Article 88. Will proceed at once by voters who are present at the election of the Deputy or Deputies, and shall be selected one by one, approaching the table where he is the president, the scrutineers and the secretary, and he writes in a list, to their presence, the name of the person who everyone chooses. The secretary and the scrutineers will be the first to vote.
Article 89. After the vote, the president, secretary and tellers will make the regulation of the vote and will elect the one that has met at least half the votes plus one. If no one should have an absolute majority of votes, the two who have had the largest number come in second ballot, and shall be elected who meet plurality. In case of an equality of fortune, and made the choice of each, the President issued.
The figure of the king is free of liability and is inviolable, and so on artículo168 reads:
Article 168. The King's person is sacred and inviolable, and not subject to liability.
But the privileges, powers and restrictions of the King, are reflected in Articles 170, 171, 172, where although Articles 170 and 171 give the King among others, the power to issue decrees, regulations and instructions; declare war, or make and ratify the peace, to appoint the judges of all civil and criminal courts, armies and navies send or appoint generals, Article 172 submits to the authority of the courts stating that the king can not, under any excuse holding the courts, where the sovereignty of the nation can not leave the kingdom, abdicate, create alliances, sign treaties levy taxes, grant privileges to entities or persons, deprived of his property, detain or impose penalties or so if you want to marry without the consent of the courts.
With the exception of Article 168, which gives the king of the inviolability and to relieve them of responsibility, the monarch was reduced to represent the country, something very similar to the current situation of the monarchy in Spain and has a sticker Article 168 in Article 56 paragraph 3 of the 1978 constitution. The oath which binds the king with the 1812 constitution implies to preserve and defend the Catholic religion not to alienate, assign or dismember any part of the kingdom, and not requiring any amount of money ever except that the courts had decreed for person. Being all written in Article 173.
The different ministries that make up the government are set out in Articles 222 to 230 through the clerks office, which exercised the king's ministers, but are accountable to the courts.
The creation of the State Council, made up of 40 individuals from all social strata from which they must have, 4 and 4 large church of Spain, who have distinguished for his learning and knowledge, will be chosen by the king to proposal the courts, has the function of advising the king on the serious issues asolen the nation.
With respect to the courts and justice, Title V of the constitution of the Cortes of Cadiz addresses a profound democratic reform and justice, sheltering in Chapter I the much needed separation of powers in Article 242, which in its wording makes clear that the responsibility of enforcing laws, belongs exclusively to the courts, in Chapter II, Article 280 establishes the right to all citizens without distinction, to go to court to settle their differences.
The main aspects of Chapter III, have a clearly marked goal of eradicating the Spanish justice, the system used by the Inquisition to dispense justice, Section 303 prohibits the Torment, who had given so many false confessions to the inquisitors; the 300 requires that within 24 hours to manifest, the treaty as the cause of prison inmate and the name of his accuser and the 301 will be given the information specified in Article 300, which is opposed to the inquisitorial system that did not indicate the defendant or the reason for the arrest or who accused him.
Articles 304 and 305 prevent the confiscation of property, which the Inquisition to the inmate for defrayed the cost of staying in jail, ends the defendant is guilty or innocent, or that the penalties imposed on a person transcend the rest of the family.
Chapter IX in regulating public instruction, Articles 366 and 367 provide for the creation of primary schools, which teach children to read, write and count, create universities, 370 public education becomes in free and which gives the courts the creation of plans and special statutes to cover the amount.
Section 366. In all the peoples of the monarchy be established primary schools, which will teach children to read, write and count, and the Catechism of the Catholic religion, which shall include a brief statement of civil obligations.
Finally, the Article 371, gives the Spanish freedom to write, print and publish their ideas without a license, review or approval, prior to publication, thus eliminating the censorship, which for centuries had practiced inquisition, to control the ideas in Spain, with the approval of the crown accomplice, celebrities are the indexes of books prohibited by the Holy Office.
But the constitution of the courts of Cádiz not address religious freedom as one of the pillars on which to build democracy in Spain, perhaps because ¾ of the members belonged to the clergy, and this made it difficult to carry out a draft constitution covering this freedom, winch also noted that the society of the time was deeply Christianized by centuries of Catholic indoctrination, even so, it created conflicts between the clergy and the civil power emanating from the constitution because of the early intervention of the civil power on the priest, Pedro de Quevedo Bishop of Ourense and board member of the supreme board, refused to sign the constitution, which is a highlight, as is the first confrontation between the civil and clergy, in the history of Spain This battle cost the courts decided to deport him.
Abolition of the Inquisition was hard and heated debates in the chamber, but in the end January 5, 1813 Cadiz courts abolished. But after the return of Fernando VII in 1814 the Inquisition was restored, its abolition was held by royal decree on April 17, 1834, with Queen Elizabeth II daughter of Ferdinand VII, but being ruled Spain Maria Cristina of Bourbon-TwoSicilies; as regent.
Article 12 establishes in perpetuity the Catholic, Apostolic, Roman and throughout the text mix religion with civil life, even in the election processes of public office, so do the teaching, in Article 366 which states that, "was taught to read, write and count, and the Catechism of the Catholic religion."
But not only some sectors of the church were against the constitution, also had detractors among the defenders of absolutism, who wanted a return to Spain of Ferdinand VII. The absolute, freedom of the press used to accuse liberals of bringing more extreme ideas of the French Revolution in Spain, these irreconcilable differences led to the chamber labeled fragment into two sides, the absolutist and the Liberals, the first defending the back to the old regime, a society in which clergy and nobility were privileged classes were led by the King who was the senior figure in front of these were the liberals who wanted to impose a political partner fairer, more just and more democratic.
On December 11, 1813, by Fernando VII Valençay treaty was recognized as king of Spain by Napoleon Bonaparte, although the treaty was not ratified by the regency, the courts expected the king to swear allegiance to the constitution of 1812 that they could recognize his authority.
Fernando VII, entered Spain in Valencia on 16 April 1814, there met with a representative of Regency expected to swear to the constitution, and a representative absolutist with a document of Persia The manifesto, signed by 69 deputies absolutist, which Cadiz courts rejected the April 17 General Francisco Javier Elio, put his troops at the disposal of the monarch to regain power, was enacted on May 4 by a royal decree which declared null and void the decrees of the courts of Cadiz, which was dissolved on May 10.
Its dissolution, would seat the old regime and the crown of Ferdinand VII, on a fragile foundation, which over the years not only were crumbling, but in the end broke triggering, military coups, the Carlist wars or the proclamation of the first and second Republic among other historical events that shook the history and people of the country, all these events although it would seem that are unrelated to each other, has a thin but visual thread, that is, without doubt, the lack of future expectations Spanish people so miserable greed and unbridled power of some characters.
Spain who had a golden opportunity to end the nineteenth century as a parliamentary monarchy, developing that constitution which may well be the starting point to build a new Spain of all by all and for all, a theme only briefly see the light in 1931 with the proclamation of the second republic, but that would be drowned in blood the April 1, 1939 with the victory of the coup led by General Franco, who imposed a criminal dictatorship that lasted 40 years.Today we are still building our future and developing the 1978 Constitution, a constitution of all by all and for all, democratically, we have to finish a good tool to cement our democracy, only requires touch-ups and dyes that each want to put within the framework of democracy and freedom.
"200 anniversary of the establishment of courts of Cadiz
By and for those who fought died and went in the name of freedom and democracy in Spain "
I, republican
Castilian version of the article
Antonio Garcia Leal ®
https://www.facebook.com/tatarlak
https://twitter.com/ #! / tatarlak
