alternatehistory.com
Chapter I, Part V
Chapter I, Part V: The New Constitution
Fortunately for the people of Spain, the Constitutional Commission worked very fast and finished the text, of medium extension, in only three months: having been finished by the end of May, it was approved on June 1st by 214 Ayes, 55 Nays and several abstentions, and finally promulgated five days later by the Constituent Assembly in the name of the Spanish Nation that had chosen them as their representatives. The text would be further expanded with the addition of the Law of June 10th of 1870, related to the election of the King.
The Constituent Courts are finally opened in the Congress of Deputies
As many would be able to read, the Spanish Constitution of 1869 drank from many sources to write down the most important matters: the Constitution of the United States of America gave it a broad declaration of rights and freedoms, the Belgian Constitution provided the role of the Crown in the new kingdom, and, above all, the historical 1812 Constitution, La Pepa, which had a general influence in the text.
The Constitution was a clearly democratic one, a declaration based on the recognition of national sovereignty based on male universal suffrage, as well as an advocacy of individual rights as natural rights, so any posterior legislation could only regulate the bad use of those rights. This stance was opposed by Isabeline politician Antonio Cánovas del Castillo, who stated that individual rights had to be regulated and limited through legislation to prevent social disorders and the violation of those rights.
A very harsh discussion was held around the religious question, the role religion would have in the new Spain. The first days of La Gloriosa had seen the demolition of many convents by the Revolutionary Juntas, and the Provisional Government had already ordered the closure of all monasteries and religious houses built after 1837 (the year of the 1837 Constitution, which established the obligation by the nation to maintain the Catholic cult and clergy as compensation for the land expropriations of 1836) and had banned the Jesuit Company from Spanish territory.
Despite the Spanish Catholic Church's efforts to get the new government to accept the Concordat of 1851, which established Spain's religious union and Catholic denomination, broad jurisdictional attributions and the compliance of the Catholic dogma in public education, among other privileges, the government was clear in that freedom of religion would be an inalienable right, and part of the Constitution. This led to the ironic situation of liberals supporting freedom of religion with religious arguments while conservatives supported religious union with political arguments.
In the end, to keep everybody content, the maintenance of Catholic cult and clergy was kept in the Constitution, while public and private exercise of all cults was allowed for both Spaniards and foreigners, and access to public office and acquisition and exercise of civil and political rights became independent of the religion professed by the Spaniards.
The political system would also gain a complete change, as separation of powers would become effective in order to turn Spain into an actual, effective parliamentary monarchy.
Legislative power would reside in the General Courts, which would be formed by two chambers, the Congress of Deputies and the Senate. Both would be elected through male universal suffrage, and among their attributions was the control of the government's actions. Congress would be voted in every three years through direct suffrage, with each deputy representing a district, while the Senate would be chosen through indirect suffrage, would represent local interests and only a fourth of it would be renewed every three years (so one Senator would hold its position for twelve years) unless the King ordered a renovation. Although both chambers were supposedly equal in functions, Congress would be the most powerful one, as they would be the ones to approve projects of law, taxes and many others, although several other powers were reserved to the Senate to make up for this.
Executive power would, theoretically, reside in the Crown and King, but, as the person of the King was inviolable and legal non-responsibility, executive power would in practice be held by the Government, who would exercise it through the ratification system. The King would also have the power to freely appoint and dismiss his ministers (although this still required the confidence of the Courts), to call and suspend the Courts, the sanction and promulgation of laws and the legal authority and competences concerning the executive power, as well as the classical attributions of a Head of State.
Judicial power would finally become independent from the government and responsible before the law, reinforcing its members' independence through competitive examinations in the judicial career – although the King still had the power, with the approval of the Council of State, to appoint no more than a fourth of the judges of the Courts and the Supreme Court without them having to pass through examinations. Judge by jury was established for all political crimes and those crimes determined by common law. It also advocated the union of codes of law – save for the now limited military and ecclesiastical jurisdictions – which had yet to be finished from the first attempts in the Cádiz Courts.
It was also established that towns' and province's interests would correspond to the respective councils; that, after the deputies from Cuba and Puerto Rico took their seats, the government system in both islands would be reformed, and that a similar reform would be undertaken in the Philippines and the rest of the Spanish Pacific Islands.
Promulgation of the Spanish Constitution of 1869
Now that the Constitution – the most advanced in all of Europe until then – had been promulgated, Serrano gave the Presidency of Government to Prim to become Regent of the Kingdom of Spain in June 18th. Meanwhile, Prim named a new government, formed by equal numbers of Unionists and Progressives in order to keep the coalition united, and started the difficult task that might consolidate or sink the newly formed Spanish democracy: the search for an adequate King for Spain.
Fortunately for the people of Spain, the Constitutional Commission worked very fast and finished the text, of medium extension, in only three months: having been finished by the end of May, it was approved on June 1st by 214 Ayes, 55 Nays and several abstentions, and finally promulgated five days later by the Constituent Assembly in the name of the Spanish Nation that had chosen them as their representatives. The text would be further expanded with the addition of the Law of June 10th of 1870, related to the election of the King.
The Constituent Courts are finally opened in the Congress of Deputies
As many would be able to read, the Spanish Constitution of 1869 drank from many sources to write down the most important matters: the Constitution of the United States of America gave it a broad declaration of rights and freedoms, the Belgian Constitution provided the role of the Crown in the new kingdom, and, above all, the historical 1812 Constitution, La Pepa, which had a general influence in the text.
The Constitution was a clearly democratic one, a declaration based on the recognition of national sovereignty based on male universal suffrage, as well as an advocacy of individual rights as natural rights, so any posterior legislation could only regulate the bad use of those rights. This stance was opposed by Isabeline politician Antonio Cánovas del Castillo, who stated that individual rights had to be regulated and limited through legislation to prevent social disorders and the violation of those rights.
A very harsh discussion was held around the religious question, the role religion would have in the new Spain. The first days of La Gloriosa had seen the demolition of many convents by the Revolutionary Juntas, and the Provisional Government had already ordered the closure of all monasteries and religious houses built after 1837 (the year of the 1837 Constitution, which established the obligation by the nation to maintain the Catholic cult and clergy as compensation for the land expropriations of 1836) and had banned the Jesuit Company from Spanish territory.
Despite the Spanish Catholic Church's efforts to get the new government to accept the Concordat of 1851, which established Spain's religious union and Catholic denomination, broad jurisdictional attributions and the compliance of the Catholic dogma in public education, among other privileges, the government was clear in that freedom of religion would be an inalienable right, and part of the Constitution. This led to the ironic situation of liberals supporting freedom of religion with religious arguments while conservatives supported religious union with political arguments.
In the end, to keep everybody content, the maintenance of Catholic cult and clergy was kept in the Constitution, while public and private exercise of all cults was allowed for both Spaniards and foreigners, and access to public office and acquisition and exercise of civil and political rights became independent of the religion professed by the Spaniards.
The political system would also gain a complete change, as separation of powers would become effective in order to turn Spain into an actual, effective parliamentary monarchy.
Legislative power would reside in the General Courts, which would be formed by two chambers, the Congress of Deputies and the Senate. Both would be elected through male universal suffrage, and among their attributions was the control of the government's actions. Congress would be voted in every three years through direct suffrage, with each deputy representing a district, while the Senate would be chosen through indirect suffrage, would represent local interests and only a fourth of it would be renewed every three years (so one Senator would hold its position for twelve years) unless the King ordered a renovation. Although both chambers were supposedly equal in functions, Congress would be the most powerful one, as they would be the ones to approve projects of law, taxes and many others, although several other powers were reserved to the Senate to make up for this.
Executive power would, theoretically, reside in the Crown and King, but, as the person of the King was inviolable and legal non-responsibility, executive power would in practice be held by the Government, who would exercise it through the ratification system. The King would also have the power to freely appoint and dismiss his ministers (although this still required the confidence of the Courts), to call and suspend the Courts, the sanction and promulgation of laws and the legal authority and competences concerning the executive power, as well as the classical attributions of a Head of State.
Judicial power would finally become independent from the government and responsible before the law, reinforcing its members' independence through competitive examinations in the judicial career – although the King still had the power, with the approval of the Council of State, to appoint no more than a fourth of the judges of the Courts and the Supreme Court without them having to pass through examinations. Judge by jury was established for all political crimes and those crimes determined by common law. It also advocated the union of codes of law – save for the now limited military and ecclesiastical jurisdictions – which had yet to be finished from the first attempts in the Cádiz Courts.
It was also established that towns' and province's interests would correspond to the respective councils; that, after the deputies from Cuba and Puerto Rico took their seats, the government system in both islands would be reformed, and that a similar reform would be undertaken in the Philippines and the rest of the Spanish Pacific Islands.
Promulgation of the Spanish Constitution of 1869
Now that the Constitution – the most advanced in all of Europe until then – had been promulgated, Serrano gave the Presidency of Government to Prim to become Regent of the Kingdom of Spain in June 18th. Meanwhile, Prim named a new government, formed by equal numbers of Unionists and Progressives in order to keep the coalition united, and started the difficult task that might consolidate or sink the newly formed Spanish democracy: the search for an adequate King for Spain.
THE END OF CHAPTER ONE
I hope that you liked this. If you have read the original version, you will see that this is basically the same, although I hope that you liked it. Hope to post next chapter soon. Don't forget to write your opinions!
I hope that you liked this. If you have read the original version, you will see that this is basically the same, although I hope that you liked it. Hope to post next chapter soon. Don't forget to write your opinions!
- Milarqui
- Word Count: 1.1k