Spanish Constitution of 1837
Encyclopedia
The Spanish Constitution of 1837 was the constitution
of Spain
from 1837 to 1845. Its principal legacy was to restore the most progressive features of the Spanish Constitution of 1812
and to entrench the concepts of constitutionalism
, parliamentarism, and separation of powers
in Spain.
at La Granja de San Ildefonso (Province of Segovia) obliged the regent
Maria Christina of the Two Sicilies
to name a government dominated by the Progressive Party
. That government initially superseded the Royal Statute of 1834 by reinstating the Constitution of 1812
(the "Cádiz Constitution") and called a Constituent Cortes, also dominated by Progressives, to develop the new Constitution of 1837.
Despite this Progressive domination of the process, the resulting constitution was roughly intermediate between the Cádiz Constitution and the Royal Statute of 1834, in hopes of gaining support from the Moderate Party
as well. Some of the similarities to the Cádiz Constitution were the principle of national sovereignty
, the recognition of a range of rights
for citizens, division of powers, an increased role for the Cortes (legislature) and limitations on royal power. On the other hand, the parliament (the Cortes) was similar in structure to that of France
or Belgium
at the time, with a broad electorate choosing a lower house
(the Chamber of Deputies), while the upper house
(the Senate) was appointed by the monarch. The monarch had the power to convoke and dissolve the Cortes. Rather than universal suffrage
, a system of censitary suffrage limited the franchise to those who paid taxes of at least 200 reales
, which is to say about five percent of the population.
In 1845, under the Moderates, Spain replaced the Constitution of 1837 with a new constitution; one of the main differences was that the Constitution of 1845 narrowed the franchise to less than one percent of the population.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
from 1837 to 1845. Its principal legacy was to restore the most progressive features of the Spanish Constitution of 1812
Spanish Constitution of 1812
The Spanish Constitution of 1812 was promulgated 19 March 1812 by the Cádiz Cortes, the national legislative assembly of Spain, while in refuge from the Peninsular War...
and to entrench the concepts of constitutionalism
Constitutionalism
Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
, parliamentarism, and separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
in Spain.
Development and characteristics
In 1836 a coup by sergeants of the Spanish Royal GuardSpanish Royal Guard
The Royal Guard is an independent unit of the Spanish Armed Forces dedicated to the military protection of H.M. the King of Spain and the members of the Spanish Royal Family. It currently has a strength of 1,900 troops. While the guard does participate in parades and other ceremonial events, it...
at La Granja de San Ildefonso (Province of Segovia) obliged the regent
Regent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
Maria Christina of the Two Sicilies
Maria Christina of the Two Sicilies
Maria Christina of the Two Sicilies was Queen consort of Spain and Regent of Spain .-Early years and first marriage:...
to name a government dominated by the Progressive Party
Progressive Party (Spain)
The Progressive Party was one of the two Spanish political parties that contended for power during the reign of Isabel II . They were to the left of the opposing Moderate Party , but also characterized themselves as liberal...
. That government initially superseded the Royal Statute of 1834 by reinstating the Constitution of 1812
Spanish Constitution of 1812
The Spanish Constitution of 1812 was promulgated 19 March 1812 by the Cádiz Cortes, the national legislative assembly of Spain, while in refuge from the Peninsular War...
(the "Cádiz Constitution") and called a Constituent Cortes, also dominated by Progressives, to develop the new Constitution of 1837.
Despite this Progressive domination of the process, the resulting constitution was roughly intermediate between the Cádiz Constitution and the Royal Statute of 1834, in hopes of gaining support from the Moderate Party
Moderate Party (Spain)
The Moderate Party or Moderate Liberal Party was one of the two Spanish political parties that contended for power during the reign of Isabel II...
as well. Some of the similarities to the Cádiz Constitution were the principle of national sovereignty
National sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
, the recognition of a range of rights
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
for citizens, division of powers, an increased role for the Cortes (legislature) and limitations on royal power. On the other hand, the parliament (the Cortes) was similar in structure to that of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
or Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
at the time, with a broad electorate choosing a lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
(the Chamber of Deputies), while the upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
(the Senate) was appointed by the monarch. The monarch had the power to convoke and dissolve the Cortes. Rather than universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
, a system of censitary suffrage limited the franchise to those who paid taxes of at least 200 reales
Spanish real
The real was a unit of currency in Spain for several centuries after the mid-14th century, but changed in value relative to other units introduced...
, which is to say about five percent of the population.
In 1845, under the Moderates, Spain replaced the Constitution of 1837 with a new constitution; one of the main differences was that the Constitution of 1845 narrowed the franchise to less than one percent of the population.