Spanish Constitution of 1837
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The Spanish Constitution of 1837 was the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
of
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
from 1837 to 1845. Its principal legacy was to restore the most progressive features of the
Spanish Constitution of 1812 The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constituti ...
and to entrench the concepts of constitutionalism,
parliamentarism A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of t ...
, and
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...
in Spain.


Development and characteristics

In 1836 a coup by sergeants of the Spanish Royal Guard at
La Granja de San Ildefonso San Ildefonso (), La Granja (), or La Granja de San Ildefonso, is a town and municipality in the Province of Segovia, in the Castile and León autonomous region of central Spain. It is located in the foothills of the Sierra de Guadarrama mounta ...
(
Province of Segovia Segovia () is a province of central/northern Spain, in the southern part of the autonomous community of Castile and León. It is bordered by the province of Burgos in the north, Soria in the northeast, Guadalajara in the east, Madrid in the sou ...
) obliged the
regent A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
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 that was 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 The Moderate Party ( sv, Moderata samlingspartiet , ; M), commonly referred to as the Moderates ( ), is a liberal-conservative political party in Sweden. The party generally supports tax cuts, the free market, civil liberties and economic ...
as well. Some of the similarities to the Cádiz Constitution were the principle of national sovereignty, the recognition of a range of
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
citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
s,
division of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typ ...
, 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 (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
or
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
at the time, with a broad electorate choosing a
lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, 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 co ...
(the Chamber of Deputies), while the
upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
(the Senate) was appointed by the monarch. The monarch had the power to convoke and dissolve the Cortes. Rather than
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
, 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.


References


External links

*
Text of the Spanish Constitution of 1837


Constitution Of Spain] (in English) {{Constitutions of Spain Constitutions of Spain 1837 in law
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
Spain 1837 Constitution of 1837 1837 documents