Constitution of the Spanish Monarchy (1845)

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CONSTITUTION of the Spanish Monarchy.—Madrid, May 23, 1845.

(Translation.)

Section I.—Spanish Subjects.

⁠Art. I. Spanish subjects are,

⁠1stly. All persons born in the Spanish dominions;

⁠2ndly. The issue of a Spanish father or a Spanish mother, though born abroad;

⁠3rdly. Foreigners who have obtained letters of naturalization;

⁠4thly. Those who, without such letters, have acquired the right of citizenship in any town of the monarchy.

⁠The quality of a Spanish subject is lost by acquiring naturalization in a foreign country, and by accepting office from another Government without the permission of the King. The rights which those foreigners shall enjoy who obtain letters of naturalization or who have acquired the right of citizenship, will be determined by a law.

⁠II. All Spaniards may freely print and publish their ideas, without previous censure, under the control of the laws.

⁠III. Every Spaniard has the right to address petitions in writing to the Cortes, and to the King, in the manner determined by the laws.

⁠IV. The same codes of laws shall rule throughout the monarchy.

⁠V. All Spaniards are admissible to the public offices and appointments, according to their merit and capacity.

⁠VI. Every Spaniard is bound to defend the country by force of arms when called upon by the law, and to contribute, in proportion to his means, to the expenses of the State.

⁠VII. No Spaniard can be arrested or imprisoned or taken away from his domicile, nor can his house be entered, except in the cases and in the form prescribed by the laws.

⁠VIII. If the security of the State should, under extraordinary circumstances, require the temporary suspension throughout the whole monarchy, or in part thereof, of the provisions of the preceding Article, such suspension shall be determined by a law.

⁠IX. No Spaniard can be tried or condemned, except by the competent judge or tribunal, by virtue of the laws in force before the committal of the crime, and in the form which those laws prescribe.

⁠X. The punishment of confiscation of property shall never be inflicted, and no Spaniard shall be deprived of his property except for reasons justified by public utility and upon previous adequate indemnification.

⁠XI. The religion of the Spanish nation is the Catholic, Apostolic, Roman; the State binds itself to maintain its observances and its ministers.

Section II.—The Cortes.

⁠XII. The power to make the laws belongs to the Cortes with the Sovereign.

⁠XIII. The Cortes consist of 2 co-legislative bodies, equal in powers, viz., the Senate and the Assembly of Deputies.

Section III.—The Senate.

⁠XIV. The number of Senators is unlimited; their nomination belongs to the Sovereign.

⁠XV. Those Spaniards only can be appointed Senators who are full 30 years of age, and belong to the following classes: viz.

⁠Presidents of either of the co-legislative bodies; Senators or Deputies who have been 3 times members of the Cortes; Ministers of the Crown; Counsellors of State; Archbishops; Bishops; Grandees of Spain; Captains-General of the Army and Navy; Lieutenants-General of the Army and Navy; Ambassadors; Ministers Plenipotentiary; Presidents of Supreme Tribunals; and Ministers and Attorneys-General of the said Tribunals.

⁠Those included in the preceding classes must, moreover, enjoy an income of 30,000 reals from their own property, or from the salary of offices of which they cannot be deprived, except for causes legally proved, or by superannuation, retirement, or discontinuation.

⁠Castilian noblemen who enjoy 60,000 reals of income.

⁠Those who have paid, within the preceding term of 1 year, 8,000 reals of direct taxes, and who have been Senators or Deputies of the Cortes, or Provincial Deputies, or Justices of the Peace in towns of 30,000 souls, or Presidents of Juntas or Tribunals of Commerce.

⁠The qualifications necessary for nomination as Senators may be altered by a law.

⁠XVI. The nomination of Senators shall be made by special decrees, wherein shall be expressed the qualification on which, in conformity with the preceding Article, the nomination is founded.

⁠XVII. The office of a Senator is for life.

⁠XVIII. The sons of the Sovereign and of the immediate heir to the Crown are Senators at the age of 25 years.

⁠XIX. Besides its legislative faculties, it belongs to the Senate,

⁠1st. To pass judgment on the Ministers when accused by the Assembly of the Deputies;

⁠2nd. To try serious delinquencies against the person or dignity of the Sovereign or against the security of the State, in conformity with the enactments of the laws;

⁠3rd. To judge individuals of their own body according to the cases and in the forms which the laws determine.

Section IV.—The Assembly of the Deputies.

⁠XX. The Assembly of Deputies shall consist of those who are nominated by the Electoral Bodies in the manner determined by the law. One Deputy at least shall be nominated for each 50,000 souls of the population.

⁠XXI. The deputies shall be elected by the direct method and may be re-elected unlimitedly.

⁠XXII. The Deputies must be Spaniards, of secular condition, not less than 25 years of age; enjoying the income from landed property, or paying by direct taxation the sums which the Electoral Law requires, and possessing the other qualifications prescribed by the said law.

⁠XXIII. Every Spaniard possessing these qualifications may be nominated Deputy for any province whatever.

⁠XXIV. The Deputies shall be elected for 5 years.

⁠XXV. Deputies who accept a pension from the Government or from the Royal Family, or are appointed to an office not in the line of promotion in the class to which they belong, or receive an appointment with salary, or honours and orders, must be re-elected.

⁠The preceding provision does not include the Deputies who may be appointed Ministers of the Crown.

Section V.—The Sessions and the Powers of the Cortes.

⁠XXVI. The Cortes meet every year. It is the prerogative of the Sovereign to assemble them, to prorogue and to close their sessions, and to dissolve the Assembly of Deputies. In the case of dissolution, however, there must be a new Assembly, and the Cortes must be convened within 3 months.

⁠XXVII. The Cortes shall be assembled immediately when the Crown becomes vacant, or when the King, in any way whatever, becomes disqualified for Government.

⁠XXVIII. Each of the Co-legislative Bodies settles its respective internal regulations, and ascertains the qualifications of its members; the Assembly, moreover, decides upon the legality of the elections of the Deputies.

⁠XXIX. The Assembly of Deputies elects its President, Vice-President, and Secretaries.

⁠XXX. The Sovereign nominates for each session, from among the Senators, the President and the Vice-Presidents of the Senate, and the Secretaries are elected by the members.

⁠XXXI. The Sovereign opens and closes the Cortes in person or through the Ministers.

⁠XXXII. Neither of the 2 Co-legislative Bodies can be assembled unless the other be assembled too, except in the case of the Senate exercising judicial functions.

⁠XXXIII. The Co-legislative Bodies cannot deliberate conjointly nor in the presence of the King.

⁠XXXIV. The sittings of the Senate and of the Assembly shall be public, and secret sittings may only be held in cases requiring reserve.

⁠XXXV. The Sovereign and each of the Co-legislative Bodies have respectively the power of initiating laws.

⁠XXXVI. The laws respecting taxation and the public credit shall first be brought before the Assembly of the Deputies.

⁠XXXVII. The resolutions of each of the Co-legislative Bodies are taken by absolute plurality of votes; but to vote the laws the presence of one more than half the total number of the members is necessary.

⁠XXXVIII. If one of the Co-legislative Bodies reject a proposed law, or if the Sovereign refuse his sanction to it, no proposal on the same subject can be brought in again during the same session.

⁠XXXIX. Besides the legislative powers which the Cortes exercise with the Sovereign, it belongs to them:

⁠1stly. To receive from the Sovereign, from the immediate successor to the Crown, and from the Regency or the Regent of the Kingdom, the oath to observe the Constitution and the laws.

⁠2ndly. To elect a Regent or a Regency for the kingdom and to appoint a Governor to the Sovereign if under age, if so provided by the Constitution.

⁠3rdly. To enforce the responsibility of the Ministers, when accused by the Chamber and judged by the Senate.

⁠XL. The Senators and the Deputies are inviolable for their opinions and votes in the performance of their duties.

⁠XLI. The Senators cannot be prosecuted or arrested without a previous resolution of the Senate, except when taken in the fact, or when the Senate is not assembled; but in any case, information shall be given to that Body as soon as possible, in order that it may determine upon what is necessary. Neither can the Deputies be prosecuted or arrested during the sessions without the permission of the Assembly, except if taken in the fact; but even in such case, or if they be prosecuted or arrested during the recess of the Cortes, information shall be given to the Assembly as quickly as possible in order that it may decide.

Section VI.—The Sovereign.

⁠XLII. The person of the Sovereign is sacred and inviolable, and not subject to responsibility. The Ministers are responsible.

⁠XLIII. The power of executing the laws rests with the Sovereign, whose authority extends to all that is conducive to the preservation of public order in the interior, and to the security of the State abroad, conformably with the Constitution and the laws.

⁠XLIV. The Sovereign sanctions and promulgates the laws.

⁠XLV. Besides the prerogatives which the Constitution assigns to the Sovereign, it belongs to him:

⁠1st. To issue such decrees, regulations and instructions as may be conducive to the execution of the laws;

⁠2nd. To take care that justice is promptly and effectively administered throughout the whole kingdom.

⁠3rd. To pardon delinquents, conformably with the laws;

⁠4th. To declare war, and to conclude and ratify peace, giving afterwards authenticated account to the Cortes;

⁠5th. To dispose of the armed force, distributing the same as may be most fit;

⁠6th. To direct the diplomatic and commercial relations with other Powers;

⁠7th. To supervise the coining of money, in regard to stamping it with his effigy and name;

⁠8th. To decree the application of the funds which are destined for each branch of the public administration;

⁠9th. To appoint all the public officials, and to grant honours and distinctions of all kinds, conformably with the laws;

⁠10th. To nominate and to dismiss the Ministers at pleasure.

⁠XLVI. A special law is necessary to authorize the Sovereign:

⁠1st. To alienate, cede, or exchange any part whatever of the Spanish territory;

⁠2nd. To admit foreign troops into the kingdom;

⁠3rd. To ratify Treaties of Offensive-Alliances, special Treaties of Commerce, and Treaties stipulating the grant of subsidies to any foreign Power;

⁠4th. To abdicate the Crown in favour of his immediate successor.

⁠XLVII. The Sovereign, before contracting marriage, shall give information thereof to the Cores, to whose approbation the matrimonial stipulations and contracts shall be submitted, in order to be settled by law.

⁠The same rule shall be observed in respect to the marriage of the immediate successor to the Crown.

⁠Neither the Sovereign nor the immediate successor can contract a marriage with a person who is excluded by law from the succession to the Crown.

⁠XLVIII. The dotation of the Sovereign and of the royal family shall be fixed by the Cortes at the beginning of each reign.

Section VII.—The Succession to the Crown.

⁠XLIX. The legitimate Queen of Spain is Doña Isabella II of Bourbon.

⁠L. The succession to the throne of Spain shall be according to the regular order of primogeniture and of the right of succession, giving preference always to the earlier line over the later ones; in the same line to the nearest over the remoter grade; in the same grade to the male over the female, and in the same sex to the eldest person over the younger.

⁠LI. If the line of the legitimate descendants of Doña Isabella II of Bourbon should become extinct, her sister and the brothers and sisters of her father and their legitimate descendants, provided they be not excluded, shall succeed in the order above established.

⁠LII. Should all the lines which have been indicated become extinct, new nominations shall be made by a law as may be most fitting for the nation.

⁠LIII. Any doubt whatever as to the fact or right which may arise in regard to the order of succession to the Crown, shall be resolved by a law.

⁠LIV. Those persons who may be disqualified for governing, or who by their conduct have deserved to lose their right to the Crown, shall be excluded from the succession by a law.

⁠LV. When a female reigns, her husband shall have no part whatever in the government of the kingdom.

Section VIII.—On the Minority of the Sovereign and of the Regency.

⁠LVI. The Sovereign is a minor until he has completed his 14th year.

⁠LVII. If the Sovereign should be a minor, the father or the mother of the Sovereign, and in default of them the relation who is nearest in the succession to the Crown, according to the order established in the Constitution, shall forthwith enter upon the Regency, and shall exercise it so long as the Sovereign is under age.

⁠LVIII. In order that the nearest relation may exercise the Regency it is requisite that he should be a Spaniard, that he should have completed his 20th year, and that he should not be excluded from the succession to the Crown.

⁠The father or the mother of the Sovereign can exercise the Regency only so long as they remain in widowhood.

⁠LIX. The Regent shall take the oath before the Cortes to be faithful to the Sovereign under age, and to observe the Constitution and the laws.

⁠Should the Cortes not be assembled, the Regent shall immediately convoke them, and in the interim he shall take the same oath before the Council of the Ministers, promising to repeat it before the Cortes as soon as they shall be assembled.

⁠LX. If there be no one who is legally entitled to the Regency, the Cortes shall appoint a Regency, which shall consist of 1, 3, or 5 persons.

⁠Until such nomination has been made, the Council of Ministers shall govern the kingdom provisionally.

⁠LXI. If the Sovereign be unable to exercise his authority, and this inability be recognized by the Cortes, the eldest son of the Sovereign, being of the major age of 14 years, shall exercise the Regency during the impediment; or in default of him the Consort of the Sovereign, and in default of the latter, the persons appointed to the Regency.

⁠LXII. The Regent or the Regency, as the case may be, shall exercise all the authority of the Sovereign, in whose name the Acts of Government shall be proclaimed.

⁠LXIII. The person whom the deceased Sovereign may have nominated in his will shall be the Governor of the Sovereign under age; provided always that such person be a Spaniard by birth; if no one has been thus nominated, then the father or the mother shall be Governor as long as they remain in widowhood. In default of them, the Cortes shall appoint a Governor; but the functions of a Regent and of a Governor of the Sovereign cannot be combined except in the father or mother of the Sovereign.

Section IX.—The Ministers.

⁠LXIV. Whatever the King ordains or decrees in the exercise of his authority, must be countersigned by the proper Minister; and no public official shall carry out any order that is wanting in this requisite.

⁠LXV. The Ministers may be senators or deputies, and can take part in the deliberations of both co-legislative bodies, but they shall have a vote only in that body to which they belong.

Section X.—The Administration of Justice.

⁠LXVI. To the tribunals and the courts of justice exclusively belongs the power to apply the laws in civil and criminal causes, and they cannot exercise other functions than those of passing judgment and causing the sentence to be executed.

⁠LXVII. The laws shall determine what tribunals and law courts there shall be, and the organization of each of them, their powers, the mode of exercising them, and the qualifications which their members must possess.

⁠LXVIII. The trials in criminal matters shall be held publicly in the form which the laws determine.

⁠LXIX. No magistrate or judge can be removed from his office, whether temporarily or finally, except by legal sentence. Nor can they be suspended from their office except by judicial decree, or by virtue of an order from the Sovereign, directing, on sufficient grounds, that they be judged by the competent tribunal.

⁠LXX. The judges are personally responsible for all infractions of law which they commit.

⁠LXXI. Justice is administered in the name of the Sovereign.

Section XI.—The Provincial Assemblies and the Municipalities.

⁠LXXII. In each province there shall be a provincial assembly elected in the form which the law determines, and composed of such number of individuals as the law indicates.

⁠LXXIII. There shall be justices of the peace and municipalities in the towns.

⁠The municipalities shall be elected by the inhabitants upon whom the law confers that right.

⁠LXXIV. The law shall determine the organization and the attributions of the provincial assemblies and of the municipalities, and the intervention which the delegates of the Government shall be entitled to in those bodies.

Section XII.—Taxation.

⁠LXXV. The Government shall lay before the Cortes every year the general estimates of the expenditure of the State for the ensuing year, and the proposed taxes and means of meeting it; as well as the accounts of the collection and application of the public revenues, for their examination and approval.

⁠LXXVI. No taxes or rates shall be imposed or levied which are not authorized by the law passed on the estimates, or by other special laws.

⁠LXXVII. A similar authorization is necessary to dispose of the state property, and to raise money on loan upon the credit of the nation.

⁠LXXVIII. The public debt is under the special safeguard of the nation.

Section XIII.—The Military Force.

⁠LXXIX. The Cortes shall every year, on the proposition of the Sovereign, determine the permanent military force by sea and land.

Additional Article.

⁠LXXX. The transmarine provinces shall be governed by special laws.

⁠Wherefore we command all our subjects of whatever class and condition they may be, to keep and observe the present Constitution as the fundamental law of the monarchy, and we command in like manner all tribunals, courts of justice, chiefs, governors, and other authorities, civil as well as military and ecclesiastical, of whatever class or dignity, to observe, and cause to be observed, fulfilled, and executed the said Constitution in all its parts.

⁠Given at our palace, the 23rd of May, 1845.

I, THE QUEEN.

Ramon Maria Narvaez, President of the Council, Minister for War.

Francisco Martinez de la Rosa, Minister of State.

Luis Mayans, Minister of Grace and Justice.

Alejandro Mon, Minister of the Treasury.

Francisco Armero, Minister of Marine, Commerce, and Colonies.

Pedro Jose Pidal, Minister of the Peninsular Government.