{"id":12802,"date":"2026-02-05T13:49:16","date_gmt":"2026-02-05T12:49:16","guid":{"rendered":"https:\/\/historyofspain.es\/the-first-spanish-constitution-of-1812\/"},"modified":"2026-02-06T09:57:37","modified_gmt":"2026-02-06T08:57:37","slug":"the-first-spanish-constitution-of-1812","status":"publish","type":"post","link":"https:\/\/historyofspain.es\/en\/the-first-spanish-constitution-of-1812\/","title":{"rendered":"The first Spanish Constitution of 1812"},"content":{"rendered":"\n

The first Spanish Constitution<\/strong> was a milestone in Spain\u2019s political and social history. Born in a context of war and resistance, it represented an attempt to transform a country still anchored in absolutist structures towards a new model of national sovereignty, citizens\u2019 rights and the separation of powers. It became popularly known as \u201cLa Pepa\u201d<\/strong>, because it was promulgated on 19 March 1812<\/strong>, Saint Joseph\u2019s Day, and it marked the beginning of modern Spanish constitutionalism.<\/p>\n\n

At the beginning of the 19th century, Spain was living through a turbulent moment. The Napoleonic invasion had brought down the authority of Charles IV and his son Ferdinand VII, while the local Juntas and the Supreme Central Junta<\/strong> tried to maintain independence against French domination. In this climate of a power vacuum, the Cortes of C\u00e1diz<\/strong> were convened, which would eventually give birth to a text intended to refound the country.<\/p>\n\n

\u201cThe Spanish nation is free and independent, and it is not, nor can it be, the patrimony of any family or person\u201d<\/em><\/p>Article 1 of the Constitution of 1812<\/cite><\/blockquote><\/figure>\n\n

That statement contained the seed of a political revolution. For the first time, sovereignty resided in the nation and not in the monarch. It was a paradigm shift that reflected the liberal spirit of the age and the influences of the Enlightenment and the French Revolution.<\/p>\n\n

Context and causes of the Constitution of 1812<\/h2>\n\n

To understand the first Spanish Constitution<\/strong>, it is necessary to go back a few years.During the reign of Charles IV (1788\u20131808)<\/strong>, the country was in crisis: the economy was faltering, internal tensions were growing, and the echo of the European revolutions stirred fears in the monarchy. The Mutiny of Aranjuez (1808) precipitated the abdication of Charles IV in favour of his son Ferdinand VII<\/strong>, who shortly afterwards would be taken to Bayonne by Napoleon and forced to renounce the throne.<\/p>\n\n

Taking advantage of the power vacuum, the French imposed Joseph Bonaparte<\/strong> as king. However, popular resistance was not long in coming. Provincial Juntas<\/strong> emerged, organising themselves to fight the invasion and coordinate the defence of the country. These juntas delegated their authority to the Supreme Central Junta<\/strong>, which in 1810 convened Cortes in the city of C\u00e1diz, the only bastion free from Napoleonic control.<\/p>\n\n

There, amid cannons and siege, a group of liberal deputies, enlightened clergymen and representatives from America debated Spain\u2019s political future. The result would be a constitution advanced for its time, inspired by the principles of liberty, equality and national sovereignty.<\/p>\n\n

The deputy from C\u00e1diz <\/em>Agust\u00edn Arg\u00fcelles<\/em><\/strong> stated in his famous speech:<\/em><\/p>\n\n

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\u201cWe find ourselves in the glorious case of constituting for the first time the Spanish Nation, of giving it a just government and wise laws\u201d<\/em><\/p>Agust\u00edn Arg\u00fcelles<\/cite><\/blockquote><\/figure>\n<\/blockquote>\n\n

\u25b6 You may be interested in: <\/em>History of the 19th century in Spain <\/em><\/a><\/p>\n\n

Fundamental principles of the Constitution of 1812<\/h2>\n\n

The Constitution of C\u00e1diz<\/strong> contained 384 articles distributed across 10 titles. Among its fundamental principles, the following stood out:<\/p>\n\n

Principle<\/strong><\/td>Description<\/strong><\/td>Relevant articles<\/strong><\/td><\/tr>
National sovereignty<\/strong><\/td>Authority emanates from the nation, not from the king.<\/td>Article 1<\/td><\/tr>
Separation of powers<\/strong><\/td>Three powers are established: legislative, executive and judicial.<\/td>Art. 15\u201317<\/td><\/tr>
Indirect suffrage<\/strong><\/td>Male citizens over the age of 25 could vote in tiered elections.<\/td>Art. 91\u201392<\/td><\/tr>
Recognition of rights<\/strong><\/td>Civil liberty, individual security, property and public education.<\/td>Art. 4\u201313<\/td><\/tr>
Official religion<\/strong><\/td>The Catholic religion remains the only one of the State.<\/td>Art. 12<\/td><\/tr>
Abolition of privileges<\/strong><\/td>Jurisdictional lordships are suppressed and equality before the law is sought.<\/td>Art. 248\u2013259<\/td><\/tr><\/tbody><\/table><\/figure>\n\n

Despite its liberal character, the Constitution of 1812<\/strong> tried to reconcile Enlightenment ideas with Spain\u2019s Catholic and monarchical tradition. Its balance between modernity and faith was, precisely, one of the reasons for its complex later application.<\/p>\n\n

Chronology of the Spanish Constitution of 1812<\/h2>\n\n

The chronology of the Spanish Constitution<\/strong>, from its gestation in the Cortes of C\u00e1diz to its definitive replacement by later texts, shows a process full of ups and downs, restorations and ruptures. It was a pioneering work, but also a victim of its time.<\/p>\n\n

Year<\/strong><\/td>Year<\/strong><\/td>Description<\/strong><\/td><\/tr>
1810<\/strong><\/td>Convening of the Cortes of C\u00e1diz<\/td>The Supreme Central Junta convenes the Cortes, which begin their sessions on 24 September.<\/td><\/tr>
1811<\/strong><\/td>Constitutional debates<\/td>The principles of national sovereignty, separation of powers and the abolition of feudalism are discussed.<\/td><\/tr>
1812<\/strong><\/td>Promulgation of the Constitution (19 March)<\/td>\u201cLa Pepa\u201d is approved and becomes Spain\u2019s first liberal constitution.<\/td><\/tr>
1814<\/strong><\/td>Repeal by Ferdinand VII<\/td>After returning to the throne, the king restores absolutism and annuls the Constitution.<\/td><\/tr>
1820\u20131823<\/strong><\/td>Liberal Triennium<\/td>Thanks to Riego\u2019s pronouncement, the Constitution is briefly applied again.<\/td><\/tr>
1823<\/strong><\/td>End of the constitutional regime<\/td>French intervention (\u201cThe Hundred Thousand Sons of Saint Louis\u201d) returns absolute power to the monarch.<\/td><\/tr>
1836\u20131837<\/strong><\/td>Partial recovery<\/td>During the regency of Maria Christina, many of its principles are taken up again, inspiring the Constitution of 1837.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n

La Pepa: symbol of freedom<\/h2>\n\n

Popularly known as \u201cLa Pepa\u201d<\/strong>, the first Spanish Constitution<\/strong> became a symbol of freedom and hope. Its promulgation in C\u00e1diz was celebrated with enthusiasm, and the population shouted \u201c\u00a1Viva La Pepa!\u201d, an expression that would eventually pass into popular language as a synonym of jubilation and release.<\/p>\n\n

Although its application was brief, its legacy was lasting. It became a reference point for European and American liberal movements. In the new Spanish American republics, many constitution-makers drew direct inspiration from its text.<\/p>\n\n

\u201cThe Constitution of 1812 was our birth certificate as a free nation; its spirit crossed the seas and lit bonfires of freedom in America\u201d.<\/em><\/p>Antonio Alcal\u00e1 Galiano – Liberal politician<\/cite><\/blockquote><\/figure>\n\n

In the words of the historian Javier de Burgos<\/strong>, one of the promoters of the later provincial division, \u201cthat Constitution was the first spark of modernity that illuminated a country still dominated by the shadows of the Ancien R\u00e9gime\u201d.<\/p>\n\n

The protagonists of C\u00e1diz<\/h2>\n\n

The Cortes of C\u00e1diz<\/strong> brought together 303 deputies from very diverse backgrounds, including enlightened clergymen, jurists, military officers, merchants and representatives from America. Despite ideological differences, they shared a common objective: preserving Spain\u2019s independence and laying the foundations of a legitimate government.<\/p>\n\n

Among the most notable names were:<\/p>\n\n

Figure<\/strong><\/td>Role in the Cortes<\/strong><\/td>Main contribution<\/strong><\/td><\/tr>
Agust\u00edn Arg\u00fcelles<\/strong><\/td>Liberal deputy<\/td>Drafter of the preamble and defender of national sovereignty.<\/td><\/tr>
Diego Mu\u00f1oz Torrero<\/strong><\/td>Priest and politician<\/td>Proposed freedom of the press and the abolition of the Inquisition.<\/td><\/tr>
Jos\u00e9 Mar\u00eda Calatrava<\/strong><\/td>Jurist<\/td>Participated in drafting the articles.<\/td><\/tr>
Gaspar Melchor de Jovellanos<\/strong><\/td>Enlightened intellectual<\/td>Although not a deputy, his thought was decisively influential.<\/td><\/tr>
Jos\u00e9 Mej\u00eda Lequerica<\/strong><\/td>American deputy (Quito)<\/td>Defended equality of rights between Spain and its colonies.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n

The application and fall of the Constitution<\/h2>\n\n

After its promulgation, La Pepa<\/strong> was sworn throughout Spanish territory and in the American colonies. However, its implementation faced enormous obstacles:<\/p>\n\n