Spanish Constitution of 1837

The Spanish Constitution of 1837 was adopted by the Cortes for her daughter Isabella II during the reign of Queen Maria Christina .

Emergence

After Maria Christina had taken over the reign of her daughter Isabella II in 1833 , she issued the Estatuto Real ( Royal Statute ) in 1834 in order to obtain the support of the liberals against the claims to the throne of Carlos María Isidro de Borbón . This royal statute exclusively governed the election and the functioning of the newly created bicameral parliament . In the course of 1836 it came u. A. in connection with the dismissal of the Progressive Minister Mendizábal on riots. These uprisings culminated in the Sargentada de La Granja , a mutiny by members of the Royal Guard. The regent was forced to reinstate the Cádiz Constitution on August 13, 1836 .

On August 21, 1836, she ordered elections to Cortes for September / October according to the rules of the Cádiz constitution. The decree announced that the newly elected Cortes would either approve the Cádiz Constitution or draft a new one. These Cortes Constituyentes (Constituent Cortes) met from October 1836. A commission was set up under the chairmanship of Agustín Argüelles Álvarez, which worked out a proposal that found a compromise between Progresistas and Moderados or between the Constitution of Cadiz and the Royal Statute , which was acceptable at the time from 1834.

Validity period

The constitution was passed with a large majority and promulgated by the regent on June 18, 1837.

After Baldomero Espartero , who had taken over the reign of Isabella II in 1841 , went into exile in England in 1843, the Moderados Ramón María Narváez was appointed Prime Minister after a few transitional governments. He had the constitution of 1837 revised in order to strengthen the power of the king, as desired by the moderados. This new Spanish constitution of 1845 was passed by the Cortes and put into effect on May 23, 1845 by Queen Isabella II, who had already been declared of legal age in 1843 . This repealed the constitution of 1837.

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Declaratory part

Two basic statements were made in the preamble . Namely, that the sovereignty lies with the nation and that the Cortes exercised this sovereignty with the adoption of the present constitution, which goes back to the constitution of Cadiz . Isabella II was Queen of Spain by the grace of God and by the Constitution of the Spanish Monarchy. The power to legislate lay with the Cortes together with the king . In a section entitled De los Españoles (About the Spaniards) the rights not only of the Spaniards were enshrined. There was no clear definition of the state religion , but the obligation of the nation to maintain the worship and staff of the Catholic religion to which the Spaniards profess . There was no explicit prohibition on practicing other religions.

Organizational part

The Cortes consisted of two equal chambers , the Senado (Senate) and the Congreso de los Diputados (Congress of Deputies). The senators were appointed by the king on the basis of a three-man proposal drawn up by the voters. The members of the Congress were directly elected. The regular electoral term should be three years. With regard to more precise requirements for the elections, reference was made to an electoral law. The first of these electoral laws provided for a very high income census. The President of the Senate was chosen by the King, while Congress chose its own President. The MPs had immunity and indemnity . The legislative initiative could come from the King, the Senate or the Congress. The king had an absolute right of veto against the laws passed by the Cortes.

The king headed the executive branch , he appointed the high officials and the military. He was basically free to appoint and dismiss the ministers. The king called the Cortes and could dissolve them at any time.

The jurisdiction was reserved exclusively for the courts. Criminal trials should take place in public. Judges could only be removed from office by a court order. A law should be created that regulated the work of juries .

The constitution contained fundamental regulations which affected the provincial and city administrations. Reference was made to an implementation law that has yet to be drawn up.

In addition to the normal military, for whom service was compulsory, provincial militias were provided, which could only be used in other provinces with the consent of the Cortes.

The administration of the overseas provinces should be regulated by special laws.

Individual evidence

1. ↑ Real decreto de convocatoria á Cortes con arreglo á la Constitución de 1812 , electoral law of May 27, 1834, on cchs.csic.es, viewed August 4, 2010 (Spanish, Word document; 37 kB)
2. ↑ Electoral law of June 20, 1837 on cchs.csic.es, viewed August 4, 2010 (Spanish, Word document; 84 kB)

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• Spanish Constitution of 1837 s: es: Constitución española de 1837 (Wikisource, Spanish).
• Antonio Colomer Viadel: La convocatoria de las Cortes Constituyentes de 1836: la ocasión histórica de los liberales. In: Cuadernos constitucionales de la Cátedra Fadrique Furió Ceriol. Nº 1, 1992, ISSN  1135-0679 , pp. 49-58 ( online at unirioja.es, (PDF; 178 kB), Spanish).