System of state institutions of Spain according to Constitution of Cádiz (1812)

Abstract

Spanish liberal constitution of 1812 has been the first Spanish constitution adopted in ordinary constituent process by deputies representing Spanish nation, which elected them in elections. This constitution derived therefore its origin as first one in Spanish history directly from citizens. Constitution of Cádiz was based on the principles of sovereignty of nation and separation of powers. The principle of separation of powers was consistently applied in it by regulation of status and powers of state institutions of Spain. The unicameral Cortes were the legislative body. The Constitution gave to the Cortes important guarantees of their independence from monarch and other institutions of executive power. The executive power was given by Constitution to the King, who executed it with help of ministers and State Council. The judicial power was given exclusively to tribunals with exception of constitutional justice, which belonged among the powers of Cortes. The Constitution guaranteed the existence of elected self-governing institutions on the level of municipal and partially also of provincial administration. The Constitution of Cádiz can be ranked among the important documents of constitutional history of Ibero-American cultural region.