Spanish Constitution of 1812 (Reign of Kings)

The **Political Constitution of the Spanish Monarchy** is the constitution of Spain and one of the earliest constitutions in world history. The Constitution was ratified on 19 March 1812 by the Cortes of Cádiz, the first Spanish legislature that included delegates from the entire nation, including Spanish America and the Philippines. "It defined Spanish and Spanish American liberalism for the early 19th century."

## Provisions

#### **Title 1 Of the Spanish Territory, Religion, Government and Rights of Citizenship**

* **The Introduction** (Articles 1-3) affirmed national sovereignty, separation of powers, freedom of the press, free enterprise, abolished corporate privileges (fueros), and established a constitutional monarchy with a parliamentary system, and proclaimed Roman Catholicism as the official and sole legal religion in Spain.
* **Chapter One:** Establishes four levels of **territorial organization**: municipalities, provinces, and autonomous communities, the first group constituting the subdivisions of the second, the second group constituting the subdivisions of the third.The State guarantees the realization of the principle of solidarity by endeavouring to establish an economic balance between the different areas of Spanish territory.

#### **Title II (articles 27-167) deals with the Cortes, the legislative branch of government**

* **Chapter Three** (Articles 40-82) establishes a bicameral parliament. The Chamber of Commons consists of 350 members known as members of Parliament elected by universal male suffrage, with some exceptions, through a complex indirect electoral system. The Chamber of Lords is drawn from the peerage and is made up of Lords Spiritual and Lords Temporal. The Lords Spiritual made up one-half of the membership of the Chamber of Lords, and are archbishops and bishops in the Spanish Catholic Church. The Lords Temporal are life peers who are appointed by the monarch on the advice of the Lord Chancellor.

#### **Title III Of the King (articles 168-241) defines the powers of and restrictions on the monarchy**

* **Chapter Four** (Articles 59-61) regulated the order of succession to the throne. The thrones of Galicia and Aragon were declared "inseparable" from that of Castile, while precise rules on succession to the throne were spelled out. The succession of the Spanish Monarchy went according to the male-preference cognatic primogeniture. A female ruler was guaranteed all the prerogatives and privileges of the royal office, though her consort was not was not to take the title of king, because that would require an Act of Parliament.
* **Chapter Five** (Articles 61-74) concerned the royal prerogative powers of the Monarch. Prerogative powers were formerly exercised by the monarch acting on the advice of the lord chancellor or the cabinet—who are then accountable to Parliament for the decision—has been required in order for the prerogative to be exercised. The Chapter is is divided into three sections, regarding the legislative, executive, and judicial powers of the king.

#### *Provision 1 Legislative Powers of the Crown*

* **§1:** The Monarch is responsible for appointing a new lord chancellor (who by convention appoints and may dismiss every other Minister of the Crown, and thereby constitutes and controls the government) It further provides that the Cortes Generales must tender its resignation to the King when the Chamber of Commons, by an absolute majority of its members, adopts a constructive motion of no confidence which presents a successor to the Prime Minister to the Monarch for appointment, or presents a successor to the Lord Chancellor to the Monarch for appointment within three days following the rejection of a motion of confidence. The Monarch then appoints the proposed successor to Prime Minister.
* **§ 2:** The Monarch could force the dissolution of Parliament through a refusal of royal assent; lead to a government resigning. This prerogative was normally exercised at the request of Parliament and the prime minister, either at his discretion or following a motion of no confidence, and to call for elections under the terms provided for in the Constitution.
* The Monarch sanctions and promulgate the laws.

#### *Provision 2 of the Executive Powers of the Crown*

* **§3:** The Monarch can has power to legislate by proclamation by issuing decrees provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to "any person's inheritance, offices, liberties, goods, chattels or life", through Order-in-Council.
* **§4:**The Monarch is the sole authority for the armed forces, and as such their organisation, disposition and control cannot be questioned by the courts. This exercise of prerogative power gives the Crown authority to recruit members of the armed forces, appoint commissioned officers, and establish agreements with foreign governments to station troops in their territory.
* **§5:**The Monarch can regulate colonies and dependent territories by exercising the prerogative through Orders in Council. The King could also recognise foreign states.

#### *Provision 2 of the Judicial Powers of the Crown*

* **§6:** The Monarch has right to grant pardons and quash judicial proceedings.