(Redirected from Constitution of 1812)
Cadiz plaza.
The 'Spanish Constitution of 1812' was promulgated by the
Cádiz Cortes, the national
legislative assembly (
Cortes Generales "General Courts") of
Spain acting while in refuge. The Spaniards baptised the
constitution '''"La Pepa"''' because it was adopted on
Saint Joseph's Day,
[1] (''Pepe'' in
Spanish is the standard nickname for ''José'' comparable to ''Joe'' for ''Joseph''. ''Pepa'' is the female equivalent, a nickname for ''Josefa'', used because ''constitución'' is a
feminine noun).
At the time the Cortes adopted the Constitution, they were taking refuge at
Cádiz from the
Peninsular War, which the Spanish call the ''Guerra de la Independencia'', a war against the
French Empire and the installed
King Joseph. That war began on the night of
May 2,
1808 immortalized by
Francisco Goya's painting ''
The Second of May 1808'', also known as ''The Charge of the Mamelukes''. The war was underway on Spanish territory, with Napoleon's forces facing Spanish partisans and the British under the
Duke of Wellington.
The opening session of the new Cortes was held on
September 24,
1810. Several basic principles were soon ratified: that
sovereignty resides in the
nation (''see
popular sovereignty''), the legitimacy of
Ferdinand VII as King of Spain, and the inviolability of the deputies. The Cortes of Cádiz worked feverishly, and the first written Spanish constitution was promulgated in the city of Cádiz on
March 12,
1812. Prior to the Napoleonic intervention, Spain had been ruled as an
absolute monarchy by the
Bourbon and their
Habsburg predecessors. The Constitution of 1812 is regarded as the first example of
classic liberalism in Spain, and one of the first worldwide.
When Ferdinand VII was restored in March 1814 by the Allied Powers, he promised to uphold the new charter of Spanish government, but within a matter of weeks, encouraged by
conservatives backed by the
Roman Catholic Church hierarchy, he repudiated the constitution (
May 4) and arrested the
liberal leaders (
May 10), justifying his actions as repudiating a constitution made by the cortes in his absence and without his consent. Thus he had come back to assert the Bourbon doctrine that the sovereign authority resided in his person only.
When Ferdinand's harsh rule resulted in a mutiny of army officers in 1820, the Constitution of 1812 was the unifying document of the liberals, who wished to see a
constitutional monarchy in Spain. After the
Battle of Trocadero liberated Ferdinand in 1823, he turned on the liberals and constitutionalists with fury. Since 1812, Spain has had a total of seven constitutions, including the one of 1978, currently in force
as of 2007.
References
1. Otras constituciones on the official Spanish government site about the Spanish constitution. Accessed 16 April 2006.