La Nación Española y en su nombre
las Cortes Constituyentes elegidas por sufragio universal, deseando afianzar la
justicia, la libertad y la seguridad y proveer el bien de cuantos vivan en
España, decretan y sancionan (...)
Art. 2º. Ningún español ni
extranjero podrá ser detenido ni preso sino por causa de delito.
Art. 3º. Todo detenido será
puesto en libertad o entregado a la autoridad judicial dentro de las
veinticuatro horas siguientes al acto de su detención (...)
Art 4º. Ningún español podrá ser
preso sino en virtud de mandamiento de juez competente (...)
Art. 21. La Nación se obliga a mantener el culto y los ministros de la religión católica. El ejercicio público
o privado de cualquiera otro culto queda garantizado a todos los extranjeros
residentes en España, sin más limitaciones que las reglas universales de la
moral y del derecho. Si algunos españoles profesaren otra religión que la
católica, es aplicable a los mismos todo lo dispuesto en el párrafo anterior.
Art. 26. A ningún español que
esté en el pleno goce de sus derechos civiles podrá impedirse salir libremente
del territorio, ni trasladar su residencia y haberes a país extranjero, salvo
las obligaciones de contribuir al servicio militar o al mantenimiento de las
cargas públicas.
Art. 32. La soberanía reside
esencialmente en la nación, de la
cual emanan todos los poderes.
Art. 33. La forma de Gobierno de
la Nación española es la Monarquía.
Art. 34. La potestad de hacer las
leyes reside en las Cortes.(..)
Art. 35. El poder ejecutivo reside en el Rey, que lo ejerce por medio de sus ministros.
Art. 36. Los Tribunales ejercen
el poder judicial.
Classification:
This text is a primary source and a legal text. It’s the 1869
Constitution, which is considered one of the most liberal constitutions made
during the 19th century in Spain. It’s a public document, the author
is collective because they are the deputies elected for the Constituent Cortes.
The deputies were elected in January 1869 (during the period of the Provisional
Government) and there was a majority of progressive, unionist and monarchist
democrats. The audience is the Spanish nation.
Analysis:
The main idea of the text is very well represented in the Art.32 (La soberanía reside esencialmente en la
nación, de la cual emanan todos los poderes.) and we can see the new
organization of the Spanish political system,
which seems quite progressive, leaving Isabella II’s moderate system behind.
So, it’s clearly a liberal and democratic constitution and if we compare with
other European constitutions of the same period it has a wide liberties range.
If we take a look to the articles we can see
that most of them talk about liberties given to the citizens. The National Sovereignty idea is very important,
which was defended by progressives and democrats, also at the beginning it’s
expressed on its constituent character.
Articles 2, 3, 4 and 26 represent the new liberties that the
society will have. Art. 21 (La Nación se obliga a mantener el
culto y los ministros de la religión católica. El ejercicio público o privado de cualquiera otro culto … ) maybe we can say that it was made by the progressives and democrats to
satisfy the Church and avoid a revolution or conspiracy by its side. Because in
this period the State declared freedom
of cult, although it had to finance the Catholic clergy, which means that
the State committed to maintain the Catholic worship. It was the first time in
Spain that the Catholic religion stopped being official and compulsory for the
citizens.
Apart from liberties, it also included the division of powers in the last
articles. Art.32 and the Art.35 (El poder ejecutivo
reside en el Rey, que lo ejerce por medio de sus ministros.) showed the famous slogan of that period: “The
King reigns but does not govern”. So, Monarchy continues to be the type of
government, which is also said in the Art.33.
All these articles we have talked about affirm the liberal ideas of the parties which got the majority in the Cortes and
had led the Glorious Revolution.
About the historical context, this Constitution
was written one year after the Glorious Revolution, started on the 18th of
September of 1868 with an uprising in Cadiz led by different political groups:
democrats, progressives, unionists (and the involvement of some members of the
royal family, like the Duke of Montpensier). The revolution was against
Isabella II, because her government was corrupted and it didn’t respect the
Constitution. So the nation was tired of the conservative monarchy. There’re
some causes which explain the people’s tiredness. During this time there were
economic and political crisis. Isabella II was constantly losing support and
only the moderates wanted that the Queen continued in power.The Pact of Ostend, in
1866, was decisive for the Glorious Revolution. It was made by the progressives
and the democrats to overthrow the monarchy and call elections to Constituent
Cortes. Finally, people formed boards claiming for
universal suffrage, national sovereignty and more liberties.
After this event, the moderate troops which supported Isabella II were
defeated and this provoked the
dethronement and the exile of the queen to France. Then, a provisional
government was formed and elections to
Constituent Cortes were called. After the debates, the Cortes decided to
institute a Democratic Monarchy in which the king reigns but does not govern.
Is in this moment when this Constitution was
written and it is characterized
mainly by the National Sovereignty, Universal Male Suffrage, Declaration of
rights and liberties and the division of powers, the king’s power is
restricted.
The
Provisional Government ordered the dissolution of the revolutionary boards and
the disarmament of the Freedom Volunteers. Some economic decisions were also made, trying to solve the crisis. As the
Constitution established that the monarchy continued as the form of
State but with limited power. General Serrano
was appointed Regent and General Prim became prime minister and was elected to
look for a new monarch who finally was Amadeus of Savoy, but some days before
his arrival, Prim was killed. But there were other problems to develop the
Constitution, because the entrance of propagandists of the 1st
International and the beginning of the workers’ organization led people who
were against the governments ideas met together to fight for their ideas. For
example, the republicans were against the government because of the
establishment of the monarchy, and the workers and peasants disagreed with the
economic decisions made by capitalism.
The Constitution was in force until January 1874 when the
Bourbons Restoration started with Alphonse XII.
Conclusion:
As a conclusion we can say that at first
glance this text was very important to develop liberalism and to stop with
Isabella’s moderate system. But if we take a look in depth we know that society
model continued the same because workers and peasants didn’t improve their
situation. And because of that, different anarchist and republican groups were
formed to a revolution in which the nation has the power. Some of these ideas
influenced in the constitutional project of 1873, during the 1st
Republic, but finally it couldn’t come into force. Also many individual rights included in this Constitution were also included
in the 1876 Constitution.
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