THE REVOLUTIONARY CONSTITUTION

Abstract

Th e Spanish Constitution of 1812 can be regarded as a revolutionary text from both a formal and a substantive point of view. From the fi rst perspective, it is the fi rst legal text (except for the Constitution of Bayonne, 1808) called a «Constitution.» Furthermore, the legal regulation it contains is included in a single text, born of the Nations’ pouvoir constituant. From the substantive point of view, the Constitution established the separation of powers for the fi rst time in Spain. Th e Parliament (unicameral) was also considered the principal organ of the state, reducing the King to an executive role.
Th e Cadiz Constitution also contains a modern conception of individual liberty, thought of as limits to the State.
It is for these reasons that the Cadiz Constitution can be seen as a revolutionary text, even while keeping its links with the Ancien Régime.