Cortes (Assembly of Estates)

from Wikipedia, the free encyclopedia
This article or section needs to be revised. Details should be given on the discussion . Please help to improve it , and then remove this flag.

The Cortes ( plural of Spanish corte (curia) 'court', originally Latin cohors 'entourage') was the name of the temporary estates and later the people's assemblies in Portugal and Spain . Legislative institutions ( chambers of parliament ) continue the name of the Cortes today . Corte in the singular also means ' court of justice '.

Spain

Middle Ages and early modern times

Cortes, in which representatives of the cities were also involved, took place in the Kingdom of León as early as 1188 . Catalonia followed in 1225, the Kingdom of Aragón in 1227 , Valencia in 1283 and the Kingdom of Navarre in 1253 .

In Castile, Alfonso VIII (reigned 1158–1214) had also approved the establishment of a 'people's representative body', which, however, had no electoral authority or participation rights. Convocation of the Cortes de Castilla found u. a. in Madrid (1309, 1329, 1339, 1390, 1419, 1435 and 1462), Burgos (1315) and Alcalá de Henares (1348). An important convocation of the Cortes was that of Madrigal de las Altas Torres in 1476, on which - after previous civil war-like disputes that culminated in the Battle of Toro - Isabella of Castile was confirmed as queen. There were also various gatherings in the 16th and 17th centuries.

Cortes in the 18th century

Cortes in 1789

The reason for the convocation of the Cortes by the respective king in the 18th century was the regulation of the succession to the throne, especially the swearing-in of the heir to the throne and changes to previously applicable regulations for the succession to the throne. The Cortes were invited separately according to clergy , high nobility and representatives of the cities. The right to send representatives to the Cortes was only available to certain cities. At the Cortes of 1789 there were representatives of the lands of the Crown of Aragon and representatives of the lands of the Crown of Castile. Representatives of the overseas territories were not invited to the Cortes. The swearing-in of the members of the Cortes and the heir to the throne took place in a joint meeting of all estates with the king.

Constituent Cortes of 1810

The Junta Suprema Central , which had ruled in the areas of Spain not controlled by French troops since 1808 in the name of King Ferdinand VII , convened the Cortes of Cadiz on January 1, 1810 . The invitations went to the cities that were traditionally represented in the Cortes and to the juntas of the provinces. The division of the provinces did not yet correspond to that of today's provinces. The provinces should send between one and 23, a total of 208 delegates, depending on their size. The representation of the provinces in the Cortes was a new institution. In a decree of September 20, 1810, the Regency Council (Consejo de Regencia), which, after the dissolution of the Junta Suprema Central was the supreme governing body in the areas of Spain not controlled by French troops, ordered the assembly of the Cortes in a single chamber. In the Cortes of Cádiz there were no members who owed their mandate to their aristocratic origins or to their offices. The elected representatives included members of the nobility as well as high religious dignitaries. The Cortes of Cadiz basically consisted of about 240 elected MPs, including about 60 MPs who represented the overseas territories. The representatives of the overseas territories were z. Partly chosen by people from these areas who happened to be in Spain. The number of MPs fluctuated throughout the legislature. 184 members were present at the final vote on the constitution on February 19, 1812. When the resolution to dissolve the Cortes on September 14, 1813, there were 223.

The deputies of the Cortes were sworn in, Cadiz 1810

The ceremonial opening of the Cortes on September 24, 1810 was very similar to the oath taken by the previous Cortes. While the traditional Cortes' right to have a say in legislation was limited to a few matters, the Cortes of Cádiz assumed that they were the only legitimate legislative body and that the king or the Regency Council representing him had only executive functions. In the period from September 1810 to September 1813, the Cortes of Cádiz passed laws on a wide variety of matters in addition to the constitution. The Cortes elected in 1810 dissolved themselves on September 20, 1813 through a corresponding law. The new Cortes were already convened on May 23, 1812 by the then Speaker of Parliament and elected according to the new constitution. The Cortes of 1813 opened their session on October 1, 1813.

Cortes after the Constitution of Cadiz

The Constitution of Cadiz envisaged the Cortes as a unicameral parliament , whose members were to be elected by all men over 25 years of age in a tiered, indirect election process. An income or education census was not planned. The overseas territories should be represented by their own MPs. In principle, there should be one MP for every 50,000 inhabitants.

The Cortes did not have to be specifically convened, as the sessions were set out in the constitution. The King opened the session, but with the exception of the legislative initiatives he introduced, he had no influence on the course of the session. The President of Parliament was chosen by the Cortes themselves. The MPs enjoyed indemnity . The functioning of the parliament was protected by the immunity of the MPs. All draft laws and the draft state budget required the approval of parliament. Contracts with foreign states had to be submitted to parliament for approval. Parliament had a right of initiative and could deal with any matter. The electoral term was two years. According to the constitution of 1812, the king could neither give leave of absence nor prematurely dissolve the Cortes.

The first Cortes under the new constitution met on October 1, 1813 in Cadiz . From January 15, 1814, they met in Madrid in the church of the monastery of Padres Agustinos Calzados. The Cortes were dissolved on May 4, 1814 by the repeal of the constitution by King Ferdinand VII .

Cortes 1820

According to the pronunciamiento of Rafael del Riego , Ferdinand VII felt compelled on March 22, 1820 to convene the Cortes according to the rules of the constitution of 1812. The majority of the deputies of these Cortes supported a moderately liberal policy. The dissolution of the Cortes in February 1822 corresponded to Articles 106 and 107 of the constitution.

In accordance with the requirements of the Cadiz Constitution, new elections were held for the Cortes from October to December. In the Cortes, which met on March 1, 1822, the progressive liberals were in the majority. After the French invasion of Spain , the Cortes moved their meeting place first to Seville , then to Cádiz. On June 11, 1823, the Cortes issued a decree in which a Regency Council according to Art. 187 of the Constitution of Cádiz was set up, since in the opinion of the majority of the members of the Cortes the king was mentally incapable of performing his duties. The last meeting of the Cortes took place on September 19, 1823. After the French troops who were supposed to come to the aid of Ferdinand had seized power in the country, Ferdinand VII suspended the constitution on October 1, 1823 and dissolved the Cortes.

Cortes according to the Royal Statute (Estatuto Real)

After the death of King Ferdinand VII , the regent Maria Christina issued the Royal Statute of 1834 on behalf of her daughter Isabella II . According to this constitution, the Cortes consisted of two chambers, the Estamento de Próceres del Reino (state of distinguished personalities) and the Estamento de Procuradores del Reino (state of the advocates of the kingdom).

The Estamento de Próceres del Reino was designed as a kind of upper house or senate. Lifelong membership in this chamber resulted either from birth as a member of the high nobility or from the office of archbishop or bishop or from one of the state offices or offices in education and science listed individually in the constitution. In addition, landowners and business people could, under certain conditions, be appointed lifelong members of the Estamento de Próceres del Reino . An additional condition for all members was a relatively high minimum income. The number of members of this chamber was basically unlimited.

The members of the Estamento de Procuradores del Reino , a kind of lower house or congress, were elected in a tiered election process. Eight of the 188 first-term members were elected in Cuba, Puerto Rico and the Philippines. The right to vote was linked to high income requirements. As a result, about 0.15% of the population were eligible to vote in 1834 and about 0.55% in 1836. The elections in July 1836 took place according to the rules of the new electoral law of May 24, 1836. Depending on the number of inhabitants, one or more MPs were directly elected in each province. The country was divided into 49 provinces by the decree of November 30, 1833 , which, with the exception of the Canary Islands, roughly corresponded to the present-day provinces.

The Estamento de Procuradores del Reino (Congress) did not have the right to choose its chairman. He was selected by the King from a list of five names submitted by Parliament. The chairman of the Estamento de Próceres del Reino (House of Lords) was appointed directly by the King without a proposal. The Royal Statute guaranteed the MPs indemnity . The right to initiate legislation rested exclusively with the king. Neither of the two chambers had a right of initiative . Parliament was forbidden to deliberate on matters not brought up by the King. The parliament had the right to vote on draft laws and the draft state budget. Contracts with foreign states had to be submitted to parliament for approval.

The electoral term was three years. The King could dissolve Parliament at any time with immediate effect. He was obliged to convene a new parliament within a year. The parliament elected in July 1834 was prematurely dissolved in January 1836. The parliament elected in February 1836 was prematurely dissolved in May 1836. The parliament elected in July 1836 did not meet again because of the reintroduction of the constitution of 1812. The following Constituent Cortes were elected in September 1836 according to the rules of the Constitution of Cadiz .

Constituent Cortes of 1837

In the course of the Sargentada de La Granja , a mutiny in which members of the royal guard also took part, the regent Maria Christina was compelled on August 13, 1836 to put the Cádiz constitution back into effect and to convene the constituent Cortes according to the provisions of this constitution . The elections took place in September 1836. The official opening was on October 24, 1836. In this Constituent Assembly, MPs with progressist views were in the majority. After the new constitution of 1837 was passed, these Cortes were dissolved on November 4, 1837 by a decree of the regent Maria Christina according to the rules of the new constitution.

Cortes according to the constitution of 1837

The Spanish constitution of 1837 provided for two equal chambers, the Senate (Senado) and the Congress (Congreso de Diputados). Members of Congress were elected by direct vote with the provinces as constituencies. The overseas territories were not represented by their own deputies in the Cortes. At least one, at most nine MPs were elected in each province. The electoral law restricted the right to vote to men over the age of 25. They had to prove a substantial income. In 1837 this meant that just over 2% of the population were eligible to vote. According to the electoral law of July 20, 1837, the Senate had 145 and the Congress 241 members. At the same time as the Congress elections, three times as many candidates as the Senate had seats were elected on a nomination list. The King then selected the senators from this list of proposals. Candidates for the Senate had to be 40 years old and have "sufficient" funds. The king called the Cortes. Should he fail to convene the Cortes, they should still meet on December 1st. The Congress determined its own President. The President of the Senate was chosen by the King. The constitution guaranteed the members of parliament indemnity and immunity .

Both chambers and the king had the right to introduce legislative initiatives. The laws and treaties with foreign states required the approval of both chambers. According to the constitution, the Cortes also had the right to appoint a regent and a tutor for the underage king (in the present case the underage queen). Since the constitution did not contain any provisions on constitutional amendments, the two chambers of the Cortes saw themselves entitled to replace the constitution with a new one in 1845.

The electoral term was three years. During Isabella's reign , it was not the parliament that determined the government, but the government that determined parliament. If the queen z. B. was forced to appoint a new government due to a successful pronunciamiento , this usually asked the queen or regent to dissolve parliament. The subsequent new elections were then manipulated in such a way that the new government received a majority in parliament. The parliament elected in September 1837 was, after it had been officially opened on November 19, on leave on February 9, 1839 and dissolved prematurely on June 1, 1839. The parliament elected in July 1839 was, after it was officially opened on September 1, on leave on October 31, 1839 and dissolved early on November 18, 1839. In this election, 2.78% of the population were eligible to vote. The parliament elected in January 1840, after it had been officially opened on February 18, 1840, was prematurely dissolved on October 11, 1840. In this election, 3.44% of the population were eligible to vote. The parliament, elected in February 1841, was prematurely dissolved on January 3, 1843 after it was officially opened on March 19, 1841. With the majority of progressives , this parliament elected Baldomero Espartero to replace the queen mother Maria Christina as the new regent on May 10, 1841 . The parliament, elected in February and March 1843, was prematurely dissolved on May 26, 1843 after it was officially opened on April 3, 1843. The parliament elected in July 1843 did not meet because of the revolt against the regent Espartero. The parliament elected in September 1843 was, after it had been officially opened on October 15, 1843, on leave on December 27, 1843 and dissolved early on July 4, 1844. On November 8, 1843, this parliament declared Isabella II, who had just turned 13 at the time, to have come of age , although the constitution only provided for age at the age of 14. The parliament elected in September 1844 was given leave of absence in March 1846. The congress met again on September 14, 1846. On October 30, the Cortes were finally dissolved. This Parliament passed a new constitution which was put into effect by the Queen on May 23, 1845.

First phase of the Cortes after the constitution of 1845

The building of the congress was built between 1843 and 1850

The Spanish Constitution of 1845 was created on the basis of the Constitution of 1837. It also provided for two chambers, the Senate (Senado) and the Congress (Congreso de los Diputados). The 349 members of Congress continued to be directly elected. The provinces were divided to 1846 in constituencies in which one deputy was elected. The Overseas Territories were not represented in the Cortes with their own deputies. The income limits for the eligibility of the male population over 25 years of age were set so that in 1846 only 97,100 people, that was about 0.8% of the population, were eligible to vote. The new constitution of 1845 brought a big change for the Senate. The candidates were no longer proposed by the voters. Before they were appointed by the king, they had to have held certain state or ecclesiastical offices or belong to the nobility and had substantial income. The king could appoint an unlimited number of senators for life at his discretion.

The Congress determined its own President. The President of the Senate was chosen by the King. The constitution guaranteed the members of parliament indemnity and immunity. Both chambers and the king had the right to introduce legislative initiatives. The laws and treaties with foreign states required the approval of both chambers.

While the constitution of 1837 required the approval of the Cortes to marry the queen, the constitution of 1845 only required approval of the provisions of the marriage contract.

The electoral term for members of Congress was five years. The Cortes should meet every year. The king should call the meetings. The Cortes did not have the right to assemble on their own. The king was entitled to leave the Cortes on leave and to dissolve them. In the event of dissolution, new Cortes had to be convened within three months.

The parliament elected in December 1846 was, after it had been officially opened on December 31, 1846, on leave on February 18, 1850 and dissolved prematurely on August 4, 1850. In this election, 0.79% of the population were eligible to vote. The parliament elected in August 1850, after it had been officially opened on October 31, 1850, was prematurely dissolved on April 7, 1851. In this election, 1.11% of the population were eligible to vote. The parliament, elected in May 1851, was dissolved prematurely on December 2, 1852 after it was officially opened on June 1, 1851. In this election, 1.11% of the population were eligible to vote. The parliament elected in February 1853 was given leave of absence on December 10, 1853 after it was officially opened on March 1, 1853. The parliament dissolved as a result of the uprisings in July 1854 without a decree or resolution.

Constituent Cortes of 1854

At the urging of the new government of Generals Baldomero Espartero and Leopoldo O'Donnell , Queen Isabella II ordered elections to a Constituent Assembly on August 11, 1854. The elections should in principle take place in accordance with the Electoral Act of July 20, 1837, but the number of MPs should be 349. The overseas territories were not represented by their own deputies in the Cortes. The Constituent Cortes were set up as a unicameral parliament . Parliament began its work on November 8, 1854. In these Cortes the progressives and the representatives of the Liberal Union, an association of moderate progressives and progressive moderados , were in the majority.

The Cortes were elected as the Constituent Assembly (Cortes Constituyentes), but they did not limit their work to drafting a new constitution. The Cortes passed laws on various matters. Of particular importance were the disamortization laws that were based on drafts by Finance Minister Madoz. The convocation of the Cortes in 1854 did not comply with the 1845 constitution; in practice, the constitution was still the basis of the work of the Cortes and the government.

After unrest in various parts of the country, Queen Isabella II appointed General Leopoldo O'Donnell Prime Minister. Since he no longer had a majority in parliament, he had it dissolved by the queen. The Royal Decree of September 2, 1856 declared the sessions of the Constituent Cortes finally closed and their task over, although no new constitution was enacted.

After the constituent body of Cortes had been dissolved on September 2, 1856 without a new constitution being put into effect, the Queen signed the Acta adicional a la Constitución de la Monarquia Española , an amendment to the constitution, on September 15, 1856 at O'Donnell's insistence by 1845 . This constitutional amendment was passed without any participation of a parliament and with it the constitution of 1845, if it was repealed, put into force again. The Acta adicional changed the rights of parliament in some points. The number of senators was limited to 140. The conference periods of the Cortes should be at least four months per year. If the two chambers cannot agree on a state budget, the previous year's budget should continue to apply. The king should not be able to pronounce amnesties and general penalties without the consent of the Cortes. This change was repealed on October 14, 1856, before the next election.

Second phase of the Cortes after the 1845 constitution

In March 1857, an election to Congress took place under the rules of the Constitution of 1845 and the Electoral Act of March 18, 1846. In this election, about 1% of the population was entitled to vote due to the required income levels of the voters. The overseas territories were not represented by their own deputies in the Cortes. The opening of parliament for both chambers took place on May 1, 1857. The Moderados made up the majority of the MPs in these Cortes.

The law of July 17, 1857 changed the 1845 constitution again. This change primarily affected the composition of the Senate. The archbishops, the presidents of the supreme courts and the captains general were members without special appointment. Holders or former holders of other high government or church offices could be appointed by the king.

The parliament elected in March 1857 was given leave of absence on May 6, 1858 and prematurely dissolved on September 11, 1858. The parliament, elected in October 1858, was not dissolved until August 12, 1863, after it was officially opened on December 1, 1858. A majority of members of the Liberal Union, an association of moderate progressives and progressive moderados, were represented in these Cortes . 1.02% of the population was eligible to vote. The parliament elected in October 1863 was, after it was officially opened on November 3, 1863, on leave on June 23, 1864 and dissolved early on September 22, 1864. 1.1% of the population was eligible to vote. In this and the Cortes elected until 1869, the conservative members of the Moderados formed a majority.

On April 20, 1864, the 1857 amendment to the 1845 constitution was reversed. The appointment of the members of the Senate took place again as in the period from 1845 to 1854.

The parliament elected in November 1864 was, after it was officially opened on December 22, 1864, on leave on July 11, 1865 and dissolved early on October 10, 1865. The parliament elected in December 1865 was, after it was officially opened on December 27, 1865, on leave on October 2, 1866 and dissolved early on December 30, 1866. 2.67% of the population were eligible to vote. The parliament elected in March 1867 was given leave of absence on May 22, 1868 after it was officially opened on March 13, 1867. 2.38% of the population were eligible to vote. A formal dissolution of the Cortes did not take place due to the politically confused situation. The convening of the Constituent Cortes in December 1868 also represented the dissolution of the existing assemblies.

Constituent Cortes of 1869

After the government was overthrown and the Queen went into exile in 1868, General Francisco Serrano Domínguez formed a transitional government in October.

On November 9, 1868, the law governing the holding of general elections was passed. This law basically regulated local elections, elections to the provincial councils and elections to the Cortes. Eligible to vote in all of these elections were men over 25 years of age with no income or property requirements. One to six MPs were elected at each provincial level. Provinces that had more than six MPs to vote were divided into two or three constituencies. The overseas territories should be represented in the Cortes with their own representatives.

From January 15 to 18, 1869 a constituent assembly was elected as a unicameral parliament. 3.8 million Spaniards were eligible to vote. That was 24% of the population. On February 11, 1869, the Constituent Cortes (Cortes Constituyentes) met for their inaugural session. 236 MPs were assigned to the monarchical-democratic direction, including 156 progressives. The Republicans received 85 seats.

On June 1, 1869, the new “Democratic Constitution of the Spanish Nation” was promulgated. In the constitution, the Cortes had opted for the form of government of a democratic monarchy ( constitutional monarchy ). Like the Constituent Cortes of 1812, 1836 and 1854, the Cortes did not limit their activities to drafting a constitution. For a transition period that lasted 19 months, the Cortes elected General Serrano as regent on June 16, 1869 . On November 16, 1870, they elected Amadeus of Savoy as king with 191 of 311 votes.

After arriving in Madrid on January 2, 1871, Amadeus was proclaimed King. He took his oath before the Cortes. On the same day he dissolved the Cortes.

Cortes according to the constitution of 1869

The Spanish Constitution of 1869 provided for Cortes, which consisted of two equal chambers, a Senate and a Congress. In the constitution, MPs were referred to as representatives of the whole people, not just representatives of their constituencies. The overseas territories were represented in the Cortes with their own deputies.

The electoral law of August 20, 1870 regulated the details for all kinds of elections. All male persons of legal age had the right to vote. The right to vote was not restricted by any income limits.

Four senators were elected in each province . The senators were elected by the provincial assembly and by electors appointed at the same time as the congressmen. Candidates for the office of senator had to be 40 years old and hold or have had one of the state or church offices listed in the constitution. In addition, those who contributed significantly to a province's tax revenue could be elected senators. A quarter of the Senate was to be filled each time Congress was elected.

The members of the Congress were directly elected. The provinces were divided into as many constituencies as there were members to elect. The Cortes should be convened by the king at least once a year, by February 1st at the latest, for at least four months. Both chambers should have their own rules of procedure and determine their own presidium. The two chambers were not to meet together or in the presence of the king. Both chambers and the king had the right of initiative. All laws could only be passed with a majority in both chambers. In addition to the legislative right, the Cortes had the right to determine the rulers of the kingdom. While a three-year electoral term was planned for the Congress, the Senate was to be renewed by a quarter every three years.

The first Cortes during Amadeus' reign were elected on March 8, 1871, and were officially opened on April 3. On January 24, 1872, King Amadeus I dissolved the Cortes. In April 1872 Cortes were elected who officially opened on April 24, 1872 and were dissolved on June 28, 1872.

After the resignation of King Amadeus I on February 10, 1873, the Senate, elected in August 1872, and the Congress met together as the National Assembly (Asamblea Nacional). On February 11, 1873, this National Assembly declared the Republic to be the form of government of Spain by 258 votes to 32 . On March 11, 1873, the chambers of the Cortes, which met as a national assembly, decided to convene the constituent Cortes as a unicameral parliament for June 1, 1873. On April 24, 1873, the National Assembly dissolved by its own resolution.

Constituent Cortes of 1873

On March 11, 1873, the chambers of the Cortes, which met as a national assembly, decided to convene the constituent Cortes as a unicameral parliament for June 1, 1873. The electoral procedure should correspond to the procedure that the constitution of 1869 provided for the election of the Congress. The overseas territories were represented in the Cortes with their own deputies. In the elections to the Constituent Cortes, there was a federal-republican majority with an abstention of around 60%. No agreement could be reached within parliament on the type of organization of the republic. After the government of the Prime Minister (Presidente del Poder Ejecutivo) Emilio Castelar was not given 100 to 120 votes on January 2, 1874 , the military under the leadership of General Manuel Pavía occupied the parliament on January 3, 1874. By decree of January 8, the newly formed government of the Prime Minister (Presidente del Poder Ejecutivo) Serrano dissolved the Cortes. The dissolution decree announced that new elections would take place when the necessary order to hold general elections was restored. By the Pronunciamiento of General Arsenio Martínez-Campos in December 1874, the son of Isabellas II , Alfonso XII. , who got only two of 311 votes in the election of the king in November 1870, was proclaimed king. Isabella II had previously renounced the throne in his favor and was in exile for several decades until her death.

Constituent Cortes of 1876

After the pronunciamiento of General Arsenio Martínez-Campos, Antonio Cánovas del Castillo took over the government on December 31, 1874. A year later, on December 31, 1875, elections to the Constituent Cortes for January 20, 1876 were ordered. The elections were to be conducted as it was regulated in the convening of the Cortes of 1872. That means that the elections should be carried out like the last elections after the constitution of 1869. The Constituent Cortes consisted of a Senate and a Congress.

Congressmen were elected in individual constituencies. For this purpose, the provinces were divided into as many constituencies as there were members to elect. The overseas territories were represented by their own deputies. The senators were elected indirectly at the provincial level. Candidates must hold or have held one of the political, military, university or ecclesiastical offices mentioned in the constitution, or be one of the main taxpayers in the province. About half of the members of the Constituent Cortes of 1876 were already members of the Cortes of 1872. Through various types of election manipulation, the Liberal Conservatives (the Cánovas party) won 333 seats and the opposition 58 seats. The new constitution was promulgated on June 30, 1876. Like earlier Cortes who were elected as the Constituent Assembly, the Cortes of 1876 did not limit their work to drafting a constitution. The Senate was dissolved by a decree of February 8, 1877 and convened again in the new form on April 5, 1877. By decree of December 21, 1878, which already referred to Article 32 of the 1876 Constitution, the Cortes were officially dissolved on March 10, 1879.

Cortes according to the constitution of 1876

The Spanish Constitution of 1876 envisaged the Cortes as a bicameral parliament consisting of the Senate and the Congress. The Senate consisted of up to 360 members, including a maximum of 180 members for life. These were members of the nobility, the captains general of the army and the navy, the patriarchs of the overseas dioceses and the archbishops . The President of the State Council, the Chairs of the Supreme Court and the Court of Auditors, the Supreme War Council and the Navy became members of the Senate after the first year in office. The other 180 members of the Senate were elected. The elections to the Senate were regulated by the law of February 8, 1877. Male persons over 35 years of age who held or had held one of the offices listed in the constitution were eligible. 30 senators were elected from various institutions such as the cathedral chapters of the ecclesiastical provinces, the royal academies, the universities and the Sociedades Economicas de Amigos del País. The other senators, three in each of the 50 provinces, were elected by the provincial parliaments and representatives of the cities and appointed for a period by the king. Until 1899, elected senators from Cuba and Puerto Rico were also represented in the Senate and appointed for life.

The active right to vote in the congressional elections was held by males over the age of 25 who paid either a tax of at least 25 pesetas per year on agricultural property or 50 pesetas on industrial income. The overseas territories were represented in the Cortes by MPs from Cuba and Puerto Rico until the Spanish-American War .

The electoral law of June 26, 1890 repealed the restriction on the right to vote. The electoral law of 1907 brought further changes to the electoral process. Compulsory voting was introduced. The electoral rolls were no longer created by the municipal authorities, but by an Institute for Geography and Statistics (Instituto Geográfico y Estadístico). There was an option for an election review by the Supreme Court. If there were no more candidates for election than there were seats in the constituency, the candidates could be declared as elected without being elected.

The electoral term was five years. The congressmen individually and collectively represented the nation not a constituency. In the electoral law of December 28, 1878, the constituencies were redistributed. They often no longer coincided with the provinces. Constituencies were created in which one or more members were to be elected.

The chambers elected their chairpersons themselves. Basically there was immunity and indemnity . Both chambers had the right of initiative. The power to make laws rests with the Cortes along with the king. The king had the right to veto legislation.

In the Pacto del Pardo , which after the death of King Alfonso XII. It was agreed in 1885 that the Liberals, represented by Práxedes Mateo Sagasta and the Conservatives, represented by Antonio Cánovas del Castillo , agreed to take turns in government in the future and not to pass laws that would be repealed immediately if there was a change of power. After a new prime minister was appointed, new elections were held and the new prime minister received a majority in the Cortes through appropriate manipulation.

The regent Maria Christina swore by the constitution of 1876 in 1885

On December 30, 1885, one month after the death of King Alfonso XII. and five months before the birth of King Alfonso XIII. the regent Maria Christina was sworn in at a joint session of the Senate and the Congress. When he came of age in May 1902, Alfonso XIII. sworn in at a joint session of the Senate and Congress.

After the new electoral law of 1907 made direct electoral fraud no longer so easy, fraud began with the candidate list. The rule that no election had to take place if there were no more applicants than seats to be allocated in a constituency resulted in more than a quarter of the MPs entering parliament without an election.

In 1921 the Spanish army was defeated at the Battle of Annual . When, in 1923, Parliament carried out an investigation into the events that led to the losses in Spanish Morocco , it was the occasion for a pronunciamiento under the Captain General of Catalonia General Miguel Primo de Rivera on September 13, 1923. September 15 commissioned King Alfonso XIII. Miguel Primo de Rivera with the formation of a military government. He assured that his aim was to suspend the validity of the constitution only until there were impeccable politicians available who were guided not by their own interests but by the interests of the country. The Cortes elected on April 29, 1923, were dissolved on September 15, 1923.

National Assembly of 1927

In the period between the coup d'état by Miguel Primo de Rivera in September 1923 and the election of the Constituent Cortes of the Second Republic on June 26, 1931, there were no Cortes elections in Spain and the Cortes did not meet. In order to give the system of the dictatorship Primo de Rivera to the outside a certain democratic legitimation, a national assembly (Asamblea Nacional) was established on October 10, 1927 in the presence of King Alfonso XIII. opened. This National Assembly met in the building of the Congress of Cortes.

Of the 400 members of the National Assembly, 150 were representatives of the provincial and municipal administrations, 131 representatives of public life, 61 members appointed by the king and 58 representatives of the state. A total of 18 women also took part in the National Assembly as full members. The representatives of public life were appointed by various organizations and institutions such as the Royal Academies, the Medical and Bar Associations, the Catholic Trade Union Confederation, etc.

The National Assembly worked almost exclusively in committees, it had no legislative powers. Their main task was to draw up a new constitution. It was intended that this constitution should be decided in a referendum in 1930. After the resignation of Miguel Primo de Rivera on January 28, 1930, the National Assembly was dissolved on February 15, 1930 without a new constitution being put into effect.

Constituent Cortes of 1931

After Primo de Rivera resigned, the new government of Prime Minister Dámaso Berenguer Fusté wanted to hold elections. After a wave of boycott declarations from various parties and because of the general economic situation, the government resigned. The new Prime Minister Admiral Juan Bautista Aznar Cabañas had local elections held on April 12, 1931. In these elections the Republicans received a clear majority of the votes, at least in the big cities. On April 14, 1931, King Alfonso XIII went. Without formally abdicating, went into exile in France .

As early as August 1930, representatives of various republican parties in the Treaty of San Sebastián (Pacto de San Sebastián) agreed to form a revolutionary committee (comité revolucionario) chaired by Niceto Alcalá Zamora . On April 14, 1931, the Second Spanish Republic was proclaimed and a transitional government formed under Niceto Alcalá Zamora.

The Constituent Cortes of the Republic were convened as a unicameral parliament . The election was based on the Electoral Act of 1907. The law of May 8, 1931 made changes to this law. Most of the constituencies were identical to the provinces . Only large cities were set up as separate constituencies, sometimes including the surrounding area. All male persons over the age of 23 were eligible to vote. Women did not have the right to vote, but they were eligible. The possibility of appointing candidates without election if there were no opposing candidates has been abolished. In the elections on June 28, 1931, the Republicans and Socialists together won about 90% of the seats in the Cortes. It was a coalition of around 19 different parties. The strongest party was the PSOE with 116 out of 439 seats (26.4%). In Madrid, two women were elected to the Constituent Cortes.

The new Spanish Constitution of 1931 was adopted by the Cortes on December 9th. Like previous constituent assemblies, the Cortes elected in June 1931 did not limit their activity to creating a new constitution. On December 10, 1931, the Cortes elected Niceto Alcalá Zamora as President of the Republic with 362 of 410 votes, not yet according to the rules of the new constitution. The two years of the legislature from 1931 to 1933 have become known as the two years of reforms (Bienio de las Reformas). A large part of the reforms decided by the Cortes had already been enacted or prepared as decrees by the transitional government. The main focus of the legislation was on the continuation of public works, the expansion of state education and cultural policy and social and labor laws. The laws on agrarian reform were passed by the Cortes, but only implemented to a small extent.

After a prolonged government crisis, the President of the Republic Niceto Alcalá Zamora dissolved the Cortes on October 9, 1933.

Cortes according to the 1931 Constitution

After the dissolution of the Constituent Cortes, the first elections under the new constitution of 1931 were held on November 19, 1933. The election of MPs was expressly designated in the Constitution as general, equal, direct and secret. All persons over 23 years of age were entitled to vote, regardless of gender or civil status. There were no restrictions on the right to vote in terms of income, tax payments or education.

The electoral term was four years. New elections had to take place no later than 60 days after the dissolution of the Cortes. The constitution guaranteed immunity and indemnity . The beginning of the sessions was written into the constitution.

The power of legislation rested with the people who exercised it through the Cortes or the Congress of Deputies. The constitution used the terms Cortes and Congreso de los Diputados synonymously. The right of initiative rests with the government and the Cortes. If 15% of the electorate requested this, referendums and referendums could be carried out. Parliament could require the Prime Minister to be present at the meetings. Both the prime minister and individual ministers were forced to resign through a vote of no confidence by an absolute majority . The electoral assembly for the election of the President of the Republic consisted of half members of the Congress and the other half members who were appointed in the same way as the members of the Congress. The President was able to dissolve the Cortes twice within his six-year term if he deemed it necessary. The constitution did not contain a precise definition of when this was necessary. If the previous Cortes had been dissolved by the President, the Cortes had the task of checking whether this dissolution was justified. If, in the opinion of the absolute majority of the Cortes, this was not the case, the president was deposed. The parliament was able to convene an electoral assembly with a 3/5 majority even without cause. This electoral assembly could then confirm the president in office or elect a new president.

On November 19, 1933, parliamentary elections were held on the basis of the 1931 constitution. This was the first election of Cortes in which women also had the right to vote. Five women became members of the Cortes. Four were members of the socialists and one member of the CEDA . In this election, the right-wing parties received 204, the left-wing parties 94 and the center 168 seats. The election result, like the result of the elections to the Constituent Assembly, did not necessarily reflect the will of the electorate, since the electoral system favored parties that joined together with other parties to form electoral associations or that renounced candidacies against each other through electoral agreements. During the following black two years (Bienio negro), a large part of the laws of the previous two years, especially in the area of ​​social and agricultural policy, was revoked by the corresponding majority in parliament.

After a cabinet crisis and general unrest, especially in Catalonia , the president dissolved the Cortes on January 7, 1936 and called new elections for February 16, 1936. For these elections, the various parties of the left formed an electoral alliance called the Popular Front ( Frente Popular ). With a voter turnout of 73%, this alliance received a disproportionately large number of seats based on the voting system. Five women became members of the Cortes.

On April 7, 1936, the Cortes deposed the President of the Spanish Republic Niceto Alcalá Zamora with 238 out of 417 votes, accusing him of having dissolved the parliament for no reason. The new election took place at the election meeting provided for by the constitution. Manuel Azaña was elected with 754 out of 911 votes (82.7%).

The civil war that began in July 1936 meant that the Cortes could no longer work. There were no new elections. The official date for the dissolution of the Cortes elected on February 16, 1936 is February 2, 1939.

Cortes under the Law Establishing the Cortes of 1942

On October 1, 1936, the Junta de Defensa, the previous collective leadership of the nationalist insurgents, appointed Francisco Franco y Bahamonde Generalisimo y Jefe de Estado (Supreme Army Leader and Head of State), thereby transferring all power in the state to him. Franco had unrestricted legislative power. Consultation or approval by a Council of Ministers or a Parliament was not necessary. On July 17, 1942, he passed the law establishing the Cortes (Ley Constitutiva de las Cortes) which provided for the establishment of a unicameral parliament.

In the preamble of the law it was stated that the Cortes followed the glorious Spanish tradition in their composition and powers . The composition of these Cortes coincided in part with the composition of the Senate as provided for in the 1876 Constitution. However, this constitution provided for a directly elected congress in addition to the Senate. According to the law, there were nine groups of deputies: a) The ministers b) The members of the National Council of the Falange State Party c) The chairmen of the State Council of the Supreme Court and the Supreme Council of Military Justice d) Representatives of the National Syndicates (associations of workers and employers ) which should not make up more than a third of the total number of representatives. e) The mayors of the fifty provincial capitals and Ceuta and Melilla and one further representative each from other cities in the provinces. f) The Rectors of the Universities g) The President of the Instituto de España and the Presidents of the Royal Academies h) The Presidents of the Institute of Civil Engineers and various chambers (Medical Association, Chamber of Architects, etc.) i) Persons of the ecclesiastical, military and administrative hierarchy established by the Heads of State were appointed.

The decree, which named the first members to be appointed by the head of state under letter i, was published on February 7, 1943 in the Spanish Official Gazette (Boletín Oficial del Estado). These Procuradores (the term, which is also used in Spanish to mean lawyer, was also used in the Royal Statute of 1837 for the members of the Congress) included: A. to archbishops and bishops, generals and admirals, the dukes of Alba, Infantado, Arión and Seville, as well as various business leaders.

The Cortes of 1943 also included two women. During the entire period from 1943 to 1967, a total of four women were members of the Cortes. The term of office of the MPs was three years. There was an immunity regime for MPs. The chairman of the Cortes, his deputy and four secretaries were appointed by the head of state. The rules of procedure were drawn up with the consent of the government. The plenary sessions were convened by the Speaker of Parliament in consultation with the government. The committees were set up by the Speaker of Parliament in agreement with the government. The Cortes were only allowed to deal with certain matters laid down in law, unless the government submitted bills to them on other matters. The committees were able to submit legislative proposals to the chairman, who could then put them on the agenda with the approval of the government. Legislative resolutions of the Cortes required the approval of the head of state and were promulgated as law by him. The Cortes were filled in May 1946, 1949, 1952, 1958, June 1961 and July 1964, respectively. Most of the MPs were members of the Cortes on several occasions or continuously. The State Organization Act (Ley Orgánica del Estado) of January 10, 1967, changed the composition and work of the Cortes. In July 1967, Francisco Franco introduced the Cortes Juan Carlos de Borbón y Borbón as his successor.

Cortes under the Law Establishing the Cortes of 1942, as amended in 1967

The most noticeable changes to the law establishing the Cortes (Ley Constitutiva de las Cortes) by the State Organization Law (Ley Orgánica del Estado) concerned the composition of the Cortes. From 1967, two representatives of the families (Representantes de la Familia) were directly elected in each province . The heads of families and married women were entitled to vote. The mayors and the chairmen of the chambers were no longer members of the Cortes because of their office. The representatives of the cities and institutions were elected by the city councils or the members of the institutions. From 1967 to 1977 a total of eleven women were members of the Cortes. Four of them also as directly elected representatives of the families. The term of office of the MPs was increased to six years. While the chairman of the Cortes was still determined by the head of state, the Cortes now had the right to choose the vice chairman and the four secretaries themselves. The President of Parliament needed the government's approval to set up committees and set the agenda. The matters with which the Cortes were allowed to deal were still conclusively listed in the law. The committees were able to submit legislative proposals to the chairman, who could then put them on the agenda with the approval of the government. Legislative resolutions of the Cortes required the approval of the head of state and were promulgated as law by him. Two days after Francisco Franco's death, King Juan Carlos took his oath of office before the Cortes on November 22, 1975. On November 18, 1976, two days before the first anniversary of Franco's death, the Cortes adopted the Law for Political Reform (Ley para la Reforma Política). On December 15, 1976, a referendum was held on this law. It came into force on January 4, 1977. A motion for dissolution made in 1977 from the midst of the Cortes was rejected by the majority of the members. The Cortes were only dissolved in the summer of 1977 (officially on June 20, 1977).

Constituent Cortes of 1977

On January 4, 1977, the Political Reform Act (Ley para la Reforma Política) came into force. This law envisaged the Cortes as a bicameral parliament with a Senate with 207 and a Congress with 350 members. The Senate should consist of four senators for each province and one additional senator for each of the three island provinces and two senators each from Melilla and Ceuta . So it was a territorial representation. Congress should be elected according to proportional representation with a threshold clause . The constituencies should be the same as the provinces. On June 15, 1977, elections were held for the Constituent Cortes. In these elections all Spaniards were eligible to vote from the age of 21. The electoral term was four years. The chambers set their rules of procedure and chose their own chairman. He was then appointed by the king. The power to draw up and pass laws rests with the Cortes. The king approved and published the laws. The initiative for constitutional reform lay with the government and Congress. Any constitutional reform required an absolute majority in Congress and the Senate. The Senate should deliberate on the text passed by Congress. If the Senate disagreed with the text, a mixed committee of members of Congress and the Senate should come to an agreement. Before the constitution was approved by the king, a referendum on a draft constitution was planned. If under normal laws no agreement could be found in the mediation committee, Congress had the right to pass the law by an absolute majority. The king could have referendums carried out, the results of which should bind all state organs. The relationship between the Cortes and the government was not regulated in the Political Reform Act.

In addition to the work on the constitution, the Cortes passed a number of laws that should enable the democratization of the country. It was z. B. to laws in the area of ​​assembly and association law and political criminal law. On December 6, 1978, the Spanish people voted in a referendum for the Constitution passed by the Cortes on October 31. On December 29, 1978, the constitution came into force when it was published in the Boletín Oficial de España . On the same day the Prime Minister announced the early dissolution of the Cortes. On March 1, 1979, the first Cortes Generales were elected according to the electoral system of the new constitution.

swell

The Cortes in Portugal

The Portuguese Cortes passed a constitution for the kingdom in 1822

The origins of Cortes in Portugal date back to the times of the first Portuguese kings Alfonso I and Sancho I return. Usually advised in their decisions by their closest friends and favorites, their curia or council, they resorted to the opinions of a larger group of leaders of the empire (archbishops and bishops, the leaders of the most important noble families, the superiores of the medals and knightly orders). The later cortes, which initially only consisted of representatives of the nobility and clergy, gradually emerged from these larger assemblies.

In the cortes, various political, economic and administrative problems in the country were discussed, decision-making aids for the king and decisions of the parliament itself were formulated. Laws were passed, peace treaties and declarations of war confirmed, alliances concluded with other powers and the marriage policy of the royal family co-determined. Economic and trade issues took up a great deal of space, with taxes and tariffs as well as issues of coin policy being a constant theme.

In 1211 Alfonso II summoned representatives of the nobility and clergy to the first Cortes at the royal court in Coimbra .

Alfons III was the first Portuguese king who in 1254 also added representatives of the people (homens-bons dos conselhos) to the Cortes in Leiria . These boni homines ("righteous men") were non-noble but respected landowners from various administrative districts of the empire. Her invitation to the cortes was a clever move by the king to increase tax income. In Portugal at least in the 13th and beginning of the 14th centuries, this was the main reason for including representatives of the people in convening the cortes.

In 1261 the Cortes in Coimbra granted the Crown new tax revenues, but also decided that new taxes must always be approved by the Cortes, i.e. H. the representatives of the urban centers increased their influence on the crown, since new and higher yields came almost exclusively from the urban centers of trade and crafts.

In Coimbra in 1385, the Cortes proclaimed the Grand Master of the Order of Avis as John I, against the express will of large parts of the nobility and the high clergy, as well as some representatives of the urban upper class (who supported John I of Castile in his claim to the Portuguese throne) . to the King of Portugal and thus secured the assumption of power by the later Avis dynasty against the claims of the King of Castile. In doing so, Johann was able to rely on an alliance of representatives of the middle and lower bourgeoisie, parts of the middle and lower nobility as well as the lower clergy and the lower urban classes. That was shown u. a. in the fact that in 1384 Johann opened the city council of Lisbon, which was under his influence, to political representatives from the ranks of the master craftsmen. In the verbal arguments in the meetings of the Cortes, Johann was represented by the famous legal scholar João das Regras, whom he immediately appointed chancellor of his kingdom after being proclaimed king. This not only secured Portuguese independence for the next 200 years and brought about deep changes in the country's social structure, but also created the essential political and economic foundations for the discoveries and expansion of Portugal in the 15th century.

However, the power of the Portuguese Cortes waned with the increase in power of the Portuguese royal family. Due to the colonial expansion, the crown in Portugal enjoyed financial independence early on. This strengthened the position of the royal family against the nobility. The Portuguese Cortes drew up a liberal constitution in 1821 and 1822 , which was adopted by the Cortes on September 23, 1822 as the "Political Constitution of the Portuguese Monarchy".

In 1911, elections to a constituent national assembly took place for the first time, in which all adult male Portuguese were given the right to vote. This freely elected parliament passed a new constitution, which officially ended the monarchy.

literature

  • William C. Atkinson: A History of Spain and Portugal . Penguin Books, 1967.
  • Edgar Prestage : The Royal Power and the Cortes in Portugal , Watford 1927.
  • António Henrique de Oliveira Marques : History of Portugal and the Portuguese Empire (= Kröner's pocket edition . Volume 385). Translated from the Portuguese by Michael von Killisch-Horn. Kröner, Stuttgart 2001, ISBN 3-520-38501-5 .
  • Peter Weber: Portugal. Spatial dimension and dependency (=  Scientific Regional Geography . Volume 19 ). Scientific Book Society, Darmstadt 1980, ISBN 3-534-07819-5 .

Web links

Individual evidence

  1. ^ Joseph F. O'Callaghan: The Cortes of Castile-León 1188-1350 , University of Pennsylvania Press, Philadelphia, 1989, p. 1.
  2. ^ Convocatorias of the Junta Central, Biblioteca Virtual Miguel de Cervantes, Documentos de la etapa juntista
  3. ↑ Decreto del Consejo de Regencia mandando que las Cortes se reúnan en un solo cuerpo, Biblioteca Virtual Miguel de Cervantes, Documentos de la etapa juntista
  4. ^ Stanley G. Payne: A History of Spain and Portugal vol. 2 p. 425
  5. ↑ Decreto I de 24 de setiembre de 1810 (PDF; 23.7 MB)
  6. ↑ s: es: Constitución española de 1812
  7. ↑ Manifesto de Valencia ( Memento of the original from December 14, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.ih.csic.es
  8. ↑ Real decreto de convocatoria á Córtes, é instrucciones para la eleccion de los diputados.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.ih.csic.es  
  9. ↑ Marqués de Miraflores: Documentos… sobre la Revolución de España . Volumes I. + II. Oficina de Ricardo Taylor, London 1834 ( digitized Tomo I , digitized Tomo II in the Google book search). Digitized Tomo I , Digitized Tomo II In: Documentos Tomo II. P. 293
  10. ↑ Real Decreto para la elección de Procuradores á las Cortes generales del Reino.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.ih.csic.es  
  11. ^ Walter L. Bernecker and Horst Pietschmann: Geschichte Spaniens 4th ed. P. 253
  12. ↑ Real decreto de convocatoria á Cortes con arreglo á la Constitución de 1812.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.ih.csic.es  
  13. ^ A b c Stanley G. Payne: A History of Spain and Portugal vol. 2 p. 474
  14. ↑ Ley electoral  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.ih.csic.es  
  15. ↑ Walter L. Bernecker and Horst Pietschmann: Geschichte Spaniens 4th ed. P. 252
  16. ↑ Real decreto declarando cerradas definitivamente las sesiones de las Córtes Constituyentes, y terminada su mision. ( Memento of the original from December 13, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.ih.csic.es
  17. ↑ Law on the Conduct of General Elections. ( Memento of the original from December 14, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.ih.csic.es
  18. ↑ Walter L. Bernecker and Horst Pietschmann: Geschichte Spaniens 4th ed. P. 273
  19. ^ Stanley G. Payne: A History of Spain and Portugal vol. 2 p. 489
  20. ^ Stanley G. Payne: A History of Spain and Portugal vol. 2 p. 491
  21. ^ Walter L. Bernecker and Horst Pietschmann: Geschichte Spaniens 4th ed. P. 281
  22. ^ List of the members of the National Assembly from 1927
  23. ^ José Angel García de Cortázar u. a. Historia de España p. 333
  24. ↑ List of Members of Parliament
  25. ↑ Boletín Oficial del Estado 1942 Num. 200 Página 5301 ( Memento of the original from December 1, 2008 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.boe.es
  26. ↑ s: es: Constitución española de 1876
  27. ↑ Boletín Oficial del Estado 1943 Pagina 1268 ( Memento of the original from December 1, 2008 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.boe.es
  28. ↑ Boletín Oficial del Estado 1967 Num. 9 Página 466ff. ( Memento of the original from December 1, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.boe.es
  29. ↑ a b s: es: Ley para la Reforma Política
  30. ↑ Oliveira Marques, p. 35 f.
  31. ↑ Oliveira Marques, p. 58.
  32. ↑ Atkinson, p. 94.
  33. ↑ Oliveira Marques, pp. 74 ff.
  34. ^ Weber, p. 3 ff.