127-417: The Cortes of Cádiz was a revival of the traditional cortes (Spanish parliament ), which as an institution had not functioned for many years, but it met as a single body, rather than divided into estates as with previous ones. The General and Extraordinary Cortes that met in the port of Cádiz starting 24 September 1810 "claimed legitimacy as the sole representative of Spanish sovereignty ", following
254-569: A federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires , "authorized" and "valid" have
381-402: A students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in
508-618: A French invasion crushed the National Militia and restored absolutist rule in Spain. During the subsequent reaction, many liberals were forced into exile, many—ironically—ending up in France, but generally Ferdinand VII was less strident in his policies through the remainder of his reign. When the monarchy was overthrown in 1873, the king was forced into exile. The Senate was abolished because of its royally appointed nature. A republic
635-405: A constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens , Politics , and Nicomachean Ethics , he explores different constitutions of his day, including those of Athens, Sparta , and Carthage . He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution
762-470: A decree issued by the Pope , now referred to as an apostolic constitution . William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review : "for that were to set
889-552: A five-person Regency, charged with convening the Cortes. The Regency drew up a list of American-born Spaniards already present in Spain. By the time the delegates were to be chosen, some of Spain's American territories had successfully established their own juntas. These did not recognize the authority of either the central junta or the regency and so did not send representatives although many other regions in America did. The Regency made
1016-489: A former monarchist Minister wary of the authoritarianism of the right, dissolved Parliament. The next election was held in 1936. It was hotly contested, with all parties converging into three coalitions: the leftist Popular Front , the right-winged National Front [ es ] and a Centre coalition. In the end, the Popular Front won with a small edge in votes over the runner-up National Front, but achieved
1143-488: A parliamentary body could legislate in the absence of a king. The liberals carried on the reformist philosophy of Carlos III and added to it many of the ideas of the French Revolution . They wanted equality before the law, a centralized government, an efficient civil service , a reform of the tax system , the replacement of feudal privileges by freedom of contract and the recognition of property rights . As
1270-553: A period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead". Indeed, according to recent studies, the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791 . By contrast, some constitutions, notably that of
1397-603: A period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire . In China , the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years. The oldest written document still governing
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#17327875948621524-863: A single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India . For constitutional principles almost lost to antiquity, see
1651-667: A single document or set of legal documents, those documents may be said to embody a written constitution ; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution . The Constitution of the United Kingdom is a notable example of an uncodified constitution ; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations . A treaty that establishes an international organization
1778-611: A solid majority due to the new electoral system introduced by the CEDA government hoping that they would get the edge in votes. The new Parliament then dismissed Alcalá-Zamora and installed Manuel Azaña in his place. During the third term, the extreme polarisation of the Spanish society was more evident than ever in Parliament, with confrontation reaching the level of death threats. The already bad political and social climate created by
1905-455: A sovereign nation today is that of San Marino . The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon
2032-538: A state council consisting of 21 members while executive authority was vested in the office of " Lord Protector of the Commonwealth ." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments , with each sitting for at least five months. The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution,
2159-734: A stronger role for the Cortes but was crushed by the Constable 's royalist forces at the 1521 Battle of Villalar and then brutally suppressed. Reorganized, the corteses retained some power over the realm's finances—particularly in Aragon —but became limited to a consultative entity. By the reign of Philip II , the delegates of the Cortes of Castile were financially dependent on the Crown for their income. The Imperial Cortes and its deputation ( Spanish : Diputación General de Cortes ) primarily concerned themselves with overseeing previous agreements and
2286-513: A task because 208 out of 265 members of the Senate are elected by popular vote in each province, and only 58 are representatives appointed by the regional legislatures of autonomous communities. Proposals to reform the Senate have been discussed for at least ten years as of November 2007. One of the main themes of reform is to move towards a higher level of federalization and make the Senate a thorough representation of autonomous communities instead of
2413-517: A unitary state with equal laws across the Spanish Empire. The principal aim of the new constitution was the prevention of arbitrary and corrupt royal rule; it provided for a limited monarchy that governed through ministers subject to parliamentary control. It established that the unicameral legislature would meet annually in the capital. The constitution maintained that suffrage was not to be determined by property qualifications, and it favoured
2540-473: Is ab initio , that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance
2667-510: Is also its constitution, in that it would define how that organization is constituted. Within states , a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights . Changes to constitutions frequently require consensus or supermajority . The Constitution of India
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#17327875948622794-489: Is considered foundational to the rule of law . Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice , issued by the Sumerian king Urukagina of Lagash c. 2300 BC . Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it
2921-646: Is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees , finishing with the historical laws of Catalonia . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts , the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of
3048-457: Is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin , the code of Hammurabi of Babylonia ,
3175-524: Is partly directly elected in that four senators per province are elected as a general rule and partly appointed by the legislative assemblies of the autonomous communities , one for each community and another one for every million inhabitants in their territory. Although the Senate was conceived as a territorial upper house, it has been argued by nationalist parties and the Spanish Socialist Workers' Party that it does not accomplish such
3302-539: Is the longest written constitution of any country in the world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States
3429-496: Is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years. The term constitution comes through French from the Latin word constitutio , used for regulations and orders, such as the imperial enactments ( constitutiones principis : edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially
3556-572: The Byzantine emperors ' Novellae (most were taken from Justinian 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of the church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman - Byzantine law became
3683-663: The Canary and Balearic archipelagos forms a different constituency in the Senate. As a parliamentary system , the Cortes confirm and dismiss the Prime Minister of Spain and their government ; specifically, the candidate for Prime Minister has to be invested by the Congress with a majority of affirmative votes. The Congress can also dismiss the Prime Minister through a vote of no confidence . The Cortes also hold
3810-755: The Confederación Española de Derechas Autónomas (CEDA) ( right ). Initially, only the Radical Party entered the Government, with the parliamentary support of the CEDA. However, in the middle of the term, several corruption scandals (among them the Straperlo and the Nombela affairs) sank the Radical Party and the CEDA entered the Government in 1934. This led to uprisings by some leftist parties that were quickly suffocated. In one of them,
3937-595: The French invasion and occupation of Spain during the Napoleonic Wars and the abdication of the monarch Ferdinand VII and his father Charles IV . It met as one body, and its members represented the entire Spanish Empire , that is, not only Spain but also Spanish America and the Philippines . The Cortes of Cádiz was seen then, and by historians today, as a major step towards liberalism and democracy in
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4064-748: The Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates . The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up
4191-539: The Hittite code , the Assyrian code , and Mosaic law . In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens ; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon , the ruler of Athens, created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of
4318-510: The House of Commons . The Nomocanon of Saint Sava ( Serbian : Законоправило/Zakonopravilo ) was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law , based on Roman Law , and canon law , based on Ecumenical Councils . Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church . Saint Sava began
4445-579: The Humble Petition and Advice , proposed by Sir Christopher Packe . The Petition offered hereditary monarchy to Oliver Cromwell , asserted Parliament 's control over issuing new taxation , provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with
4572-578: The Iberian peninsula 's various kingdoms came to be known as cortes ( Castilian Spanish ) or corts ( Valencian Spanish ). They began as advisory councils made up of the most powerful nobles and the feudal lords closest to the king. General councils were convened in 873, 1020, 1050, and 1063. The 1188 Cortes of León convened by Alfonso IX is sometimes taken to mark the beginning of parliamentary bodies in Western Europe because it
4699-663: The Instrument of Government included elements incorporated from an earlier document " Heads of Proposals ", which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War . Charles had rejected the propositions, but before the start of the Second Civil War,
4826-725: The Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus . This can be seen as the first written constitution adopted by a modern state. In 1639, the Colony of Connecticut adopted the Fundamental Orders , which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut 's nickname, "the Constitution State ". On 4 January 1649,
4953-459: The Myanmar 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during the drafting of Japan 's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world. The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to
5080-640: The Nationalist faction , resulting in a bombing in May 1937. Francisco Franco did not prioritize the creation of a consultative or legislative type of assembly during his rule . In 1942, following the first symptoms of change in the international panorama in favour of the Allied Powers , a law established the Cortes Españolas (Spanish Cortes), a non-democratic chamber made up of more than 400 procuradores (singular procurador ). Both
5207-607: The Reconquista , the growth of trade and an urbanized middle class ( Spanish : burguesía ) expanded their importance at the various corteses. The king retained the ability to call and dismiss the Cortes but tended to exchange fueros , further grants of privileges and autonomy, to the residents of certain cities in exchange for lump sum payments to meet military and other obligations. (Modern Navarre preserves certain rights and privileges in its current statute of autonomy directly derived from these fueros.) In some cases,
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5334-523: The Romania 's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies. In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea , which officially grants every citizen, among other things,
5461-621: The Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation". The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government . This formed
5588-1094: The Salic Law of the Franks , all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II , king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon
5715-567: The Spanish Constitution of 1812 denied people of African ancestry political rights and representation. Its first regulation includes one of the first examples of a seasonally adjusted schedule, a practice which led to the adoption of daylight savings time a century later. A revolutionary document, the Spanish Constitution of 1812 marked the initiation of the Spanish tradition of liberalism, and when Fernando VII
5842-815: The Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus , and it remains in force today. In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor . It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It
5969-590: The Tumult of Aranjuez , first forced Charles IV's first minister Manuel Godoy to be sacked; and then Charles IV himself was forced to abdicate under pressure. French armies were occupying Portugal and Spain, with some 50,000 in the capital Madrid, so that whoever was on the throne of Spain, the monarch had to contend with French troops. Napoleon saw the opportunity to bring down the dysfunctional and weak Bourbon monarchy by pitting father and son against each other further, to his own advantage. He invited Ferdinand VII to Bayonne , France, where Ferdinand thought that Napoleon
6096-445: The bicameral legislative chambers of Spain , consisting of the Congress of Deputies (the lower house ) and the Senate (the upper house ). The Congress of Deputies meets in the Palacio de las Cortes . The Senate meets in the Palacio del Senado . Both are in Madrid . The Cortes are elected through universal, free, equal, direct and secret suffrage , with the exception of some senatorial seats, which are elected indirectly by
6223-401: The code of Manu . Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum , applying separate codes for Germans and for Romans; the Pactus Alamannorum ; and
6350-417: The freedom of expression . However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions
6477-452: The history of Spain and Spanish America. The liberal Cortes drafted and ratified the Spanish Constitution of 1812 , which established a constitutional monarchy and eliminated many institutions that privileged some groups over others. Napoleon's armies invaded Portugal (1807) and then Spain (1808), upending the Bourbon monarchy. At the time of the invasion, Charles IV had been at serious odds with his son and heir Ferdinand VII. In March 1808,
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#17327875948626604-404: The 1490s but her grandson the Habsburg emperor Charles V (Charles I of Spain) was able to easily provide for Ferdinand Magellan 's 1519 expedition and then to pointedly sell away all of Spain's rights to the Spice Islands (now Indonesia 's Malukus ) without any consultation with the Toledo Cortes in 1529. The 1520 Revolt of the Comuneros had intended to reverse this trend and provide
6731-404: The Congress holds the power to ultimately override any decision of the Senate by a sufficient majority (usually an absolute majority or three-fifths majority ). The Congress is composed of 350 deputies (but that figure may change in the future as the constitution establishes a maximum of 400 and a minimum of 300) directly elected by universal suffrage approximately every four years. The Senate
6858-424: The Conservatives and Liberals would have alternating periods as the majority in the Cortes, with other parties restricted to a smaller number of seats. Soon after the Soviet revolution (1917), the Spanish political parties started polarizing, and the left-wing Communist Party (PCE) and Spanish Socialist Workers' Party (PSOE) blamed the Government for supposed election fraud in small towns ( caciquismo ), which
6985-442: The Cortes promulgated the proposition that it, rather than the king, was the national sovereign since it represented the people. Then, the national assembly divided the government into legislative, executive and judiciary branches. Given the contingencies of war that resulted from the forced displacement of Fernando VII , the regency announced that it would act as the executive until his restoration. The national assembly restructured
7112-424: The Cortes was able to independently select agents to act as permanent advisors to the king between its sessions. Beginning with the Catholic Monarchs Isabella and Ferdinand , monarchs' control over Spain's various kingdoms in personal union allowed them to curtail the power of the grandees and burghers. Queen Isabella initially had difficulty in securing funding for the voyages of Christopher Columbus in
7239-405: The Cortes was considerable, since he had founded a review in London called El Español (1810–1814), which was backed by the British Foreign Office and distributed by British firms with trade in Spanish America. It became highly influential in Spanish America. The aim of the publication was to "assist the Cortes frame a moderate constitution, and, more important, to effect reconciliation between
7366-458: The Cortes was immediately set aside by Ferdinand upon his restoration in 1814. His conservative policies led to a series of military coups that culminated in Col. Rafael del Riego forcing him to accept a more liberal constitution from 1820–1823, the Trienio Liberal ("Three Liberal Years"). Ferdinand vetoed nearly every law passed during the period and repeatedly asked other nations to invade and restore him to his previous authority. Finally,
7493-487: The Cortes was located in Cádiz, the most important port for trade with the Americas, meant that the powerful merchant guild ( consulado ) of Cádiz influenced discussions in the Cortes. The consulado attempted to maintain their trade advantages. The Americans wanted freer trade, but the Cortes's location gave the large merchant houses power. In Cádiz, pressures grew to send Spanish troops to quell rebellions in Spanish America, which alarmed Great Britain, now Cádiz's ally against
7620-403: The Cortes' founding law and the subsequent regulations were based on the principles of rejection of parliamentarism and political pluralism. Members of the Cortes were not elected and exercised only symbolic power. It had no power over government spending, and the cabinet, appointed and dismissed by Franco alone, retained real legislative authority. In 1967, with the enaction of the Organic Law of
7747-412: The Crown of Castile in the Americas) and proclaimed the extinction of the system of kingdoms and provinces of Spain and the Indies. The majority of the Criollo people of Spanish America rejected the pretensions of the Spaniards and assumed the sovereignty of the former American kingdoms of the Crown of Castile , over which the King of Spain had been sovereign. Spain's American colonies took advantage of
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#17327875948627874-455: The French in the Peninsular War . Britain ordinarily would have been for the opening up of trade in Spanish America, but during the Peninsular conflict, it wanted as many troops as possible in Spain to defeat the French. Britain rejected pressure to support Spain's attempt to repress rebellion in Spanish America. Gaspar Melchor de Jovellanos , who had served as Charles IV's minister of justice but had been sidelined by Manuel Godoy , argued for
8001-448: The French invasion and occupation of the peninsula, local ruling bodies or juntas appeared as the underground opposition to the French-imposed government. They were established by army commanders, guerrilla leaders or local civilian groups. Convinced that unity was needed to co-ordinate efforts against the French and to deal with British aid, several provincial juntas, in Murcia , Valencia , Seville and Castile and León , called for
8128-425: The Republic had been backstabbed. Also, for the second time in Spanish history, some regions were granted autonomous governments within the unitary state. Many on the extreme right rose up with General José Sanjurjo in 1932 against the Government's social policies, but the coup was quickly defeated. The elections for the second term were held in 1933 and won by the coalition between the Radical Party ( center ) and
8255-562: The Spanish America, participated. The composition of the Cortes of Cádiz was diverse, with about one-third clerical, one-sixth nobles and the remainder from the " third estate ", the middle class. Historians of Mexico have investigated many aspects of New Spain's representation at the Cortes. Among the most prominent delegates at the Cortes were José María Couto , who served as vice president in April 1813; José María Gutiérrez de Terán , who served as secretary, vice president, and president at various points; and Miguel Ramos Arizpe . The fact that
8382-401: The Spanish-speaking world." This document is variously called the Bayonne Statute and the Bayonne Constitution . It abolished privileges fueros , the inquisition , and preserved the Cortes. Catholicism was kept as the sole religion. It is said that all but a few pro-French Spaniards rejected this document. From the first days of the Peninsular War , which erupted in Spain; in resistance to
8509-487: The State , the accommodation of "two family representatives per province, elected by those on the electoral roll of family heads and married women" (the so-called tercio familiar ) ensued, opening a fraction of the Cortes' composition to some mechanisms of individual participation. The Cortes are a bicameral parliament composed of a lower house ( Congreso de los Diputados , congress of deputies ) and an upper house ( Senado , senate ). Although they share legislative power,
8636-456: The United States, have remained in force for several centuries, often without major revision for long periods of time. The most common reasons for these frequent changes are the political desire for an immediate outcome and the short time devoted to the constitutional drafting process. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, however there were also some extreme cases registered. For example,
8763-411: The Wise the Grand Prince of Kiev , was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda ; it became the law for all of Kievan Rus' . It survived only in later editions of the 15th century. In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea
8890-409: The autonomy of the Crown of Aragon . Philip also acted to repeal or curtail most of the diverse grants of autonomy and privilege ( fueros ) throughout his kingdom. Navarre was finally merged during the 1833 territorial division of Spain . With both the Bourbon monarchs Charles IV and Ferdinand VII having abdicated their throne and Napoleon Bonaparte having appointed his brother Joseph as
9017-477: The basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism , separation of powers , the written constitution, and judicial review , can be traced back to the experiments of that period. Drafted by Major-General John Lambert in 1653,
9144-645: The basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis . Stefan Dušan , emperor of Serbs and Greeks, enacted Dušan's Code ( Serbian : Душанов Законик/Dušanov Zakonik ) in Serbia , in two state congresses: in 1349 in Skopje and in 1354 in Serres . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code
9271-475: The basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government , drawn up under
9398-578: The collection of taxes in Castile and the larger empire; separate deputations oversaw similar work in Aragon and Navarre. The corteses were able to regain some of their previous powers and influence during the 17th century, as repeated sovereign defaults reduced the monarchy to financial dependency and a series of deputies including the Count-Duke of Olivares oversaw most day-to-day government. Under
9525-769: The colonies. The move was unpopular among liberal officers assigned to the American wars. By the second half of 1826 only Cuba and Puerto Rico remained under the Spanish flag in the Americas, with the Philippines and Guam also under Spanish rule in Asia. Cortes Generales Supported by (20) Opposition (153) Supported by (25) Opposition (178) The Cortes Generales ( Spanish pronunciation: [ˈkoɾtes xeneˈɾales] ; English: Spanish Parliament , lit. 'General Courts') are
9652-441: The consciousness of rationality so far as that consciousness is developed in a particular nation." Since 1789, along with the Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. In the late 18th century, Thomas Jefferson predicted that
9779-399: The convocation of a general Cortes. Jovellanos sought precedents in Spanish history for earlier forms of constitutionalism and found them in the Visigoths. Jovellanos rejected the notion that the Cortes could fundamentally change "the essence of our ancient constitution," and was concerned that sweeping changes would open Spain to the dangers of democracy and despotism. However, he did argue for
9906-428: The current system, which tries to incorporate the interests of province and autonomous communities at the same time. Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity , organization or other type of entity , and commonly determines how that entity is to be governed. When these principles are written down into
10033-712: The death of Cromwell and the Restoration of the monarchy. All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780,
10160-516: The decision to have the Americans elect representatives from their regions to attend the Cortes. Since part of Spanish America was in open revolt, this question of representatives from those regions was fraught. It was argued that the process was illegal, but the Regency decided it was better to have some American representation than none at all. The Regency set electoral procedures for delegates and
10287-553: The document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The Constitution of Medina ( Arabic : صحیفة المدینه , Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight ( hijra ) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of
10414-834: The fold of one community – the Ummah . The precise dating of the Constitution of Medina remains debated, but generally, scholars agree it was written shortly after the Hijra (622). In Wales , the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542 . The Pravda Yaroslava , originally combined by Yaroslav
10541-542: The formation of a central body. After a series of negotiations that included the discredited Council of Castile , a Supreme Central Junta met in Aranjuez on 25 September 1808. Serving as surrogate for the absent royal government, it called for representatives from local provinces and overseas territories to meet in an "Extraordinary and General Cortes of the Spanish Nation." It was so called because it would be both
10668-461: The government while prosecuting a war in Spain and maintaining control overseas. Once deliberations started, the delegates split into liberal and conservative factions. Conservative Spaniards saw the Cortes at Cádiz as, at best, an interim solution until "the Desired One", as Fernando VII was called by his supporters, could be restored to the throne. Most monarchists , however, did not admit that
10795-449: The independence of the executive, the judiciary, and the legislature, but also argued for a bicameral legislature that would have an upper house reserved for the aristocracy. He advocated voting rights based on "qualities of property, rank, and education," to limit democracy. Seville-born Joseph Blanco White had aided Jovellanos in his research into the precedents for Spanish constitutionalism. But his influence on Spanish America's view of
10922-435: The insurgent juntas in America and Spain." He was deeply sympathetic to the Americans, publishing letters from Mexican elite Fray Servando Teresa de Mier and Buenos Aires creole patriot, Mariano Moreno , who had called for the opening of trade that would destroy the Spanish monopoly. Blanco White's El Español was denounced by one delegate to the Cortes as "an enemy of his country worse than Napoleon." In its first session,
11049-456: The judicial power above that of the legislature, which would be subversive of all government". Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for
11176-589: The king. The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa , reconstructed from oral tradition in 1988 by Siriman Kouyaté . It included the "right to life and to the preservation of physical integrity" and significant protections for women. The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for
11303-496: The left wing government of Catalonia, which had been granted home rule, formally rebelled against the central government, denying its power. This provoked the dissolution of the Generalitat de Catalunya and the imprisonment of their leaders. The leftist minority in the Cortes then pressed Alcalá Zamora for a dissolution, arguing that the uprising were the consequence of social rejection of the right-wing government. The President,
11430-402: The legal judgement of his peers, or by the law of the land. This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility but was gradually extended to all of the people. It led to the system of Constitutional Monarchy , with further reforms shifting the balance of power from the monarchy and nobility to
11557-541: The legislative body for the empire and the body that would write a constitution for it. By the beginning of 1810, the forces under the Junta's command had suffered serious military reverses at the battles of Ocaña and Alba de Tormes. The French inflicted large losses on the Spanish, took control of southern Spain and forced the government to retreat to Cádiz, its last available redoubt on Spanish soil. The Supreme Central Junta dissolved itself on 29 January 1810 and set up
11684-503: The legislatures of the autonomous communities . The Cortes Generales are composed of 615 members: 350 Deputies and 265 Senators. The members of the Cortes Generales serve four-year terms, and they are representatives of the Spanish people. In both chambers, the seats are divided by constituencies that correspond with the fifty provinces of Spain, plus Ceuta and Melilla . However, each island or group of islands within
11811-416: The liberals were the majority, they were able to transform the assembly from an interim government to a constitutional convention . The product of the Cortes' deliberations reflected the liberals' dominance. The Spanish Constitution of 1812 came to be the "sacred code" of liberalism , and during the 19th century, it served as a model for liberal constitutions of Latin nations. The national assembly created
11938-682: The long-term left-right confrontation worsened, and many right-wing rebellions were started. Then, in 1936, the Army's failed coup degenerated into the Spanish Civil War , putting an end to the Second Republic. From November 1936 to October 1937, the Cortes were held at Valencia City Hall , which was still being used for its local purposes at the same time. The building was a target for the Italian Air Force in service of
12065-500: The mid-7th century placed the kings, Visigoths , and native Spanish under a single law and formed the basis of Spanish law through the medieval period. The Visigothic councils, however, gradually came to be completely dominated by the clergy under the leadership of the archbishop of Toledo ; with ecclesiastical prerogatives completely secure, they then tended to allow royal edicts to come into effect without further ratification. The royal councils ( Latin : curia regis ) of
12192-406: The monarchist cause nationally, but most provincial capitals and other sizable cities sided heavily with the republicans. This was interpreted as a victory, as the rural results were under the always-present suspicion of caciquismo and other irregularities while the urban results were harder to influence. The King left Spain, and a Republic was declared on 14 April 1931. The Second Spanish Republic
12319-595: The new Constitution , with the ex-monarchist leader Niceto Alcalá Zamora as President of the Republic and the left-wing leader Manuel Azaña as Prime Minister. The election gave a majority in the Cortes and thus, the Government, to a coalition between Azaña's party and the PSOE. A remarkable deed is universal suffrage , allowing women to vote, a provision highly criticized by Socialist leader Indalecio Prieto , who said
12446-485: The new king, a " Cortes of Cádiz " was convened that claimed sovereignty over Spain and operated as a government-in-exile . The Cortes was the first to act as a single representative body for the entire country and empire, although substitutes had to be chosen from among the people of Cádiz for many regions occupied by the French and unable to send their own delegates. Extremely liberal, the Constitution of 1812 enacted by
12573-494: The number of seats from each region. There were to be 30 representatives from Spanish America: 15 from northern Spanish America plus the Philippines (which was under the administrative jurisdiction of New Spain ). New Spain was allocated 7 suplentes : Guatemala, 2; Cuba, 2; the Philippines, 2; Santo Domingo and Puerto Rico, 1; Spanish South America got 15: Peru, 5; Santa Fé, 3; Buenos Aires, 3; Venezuela, 2; and Chile, 2. Those eligible to serve were to be at least 25 years old and from
12700-604: The oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively. What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes , Jean-Jacques Rousseau , and John Locke . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent
12827-550: The people (i.e., support democracy ). Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk , hetman of the Zaporozhian Host . It was written to establish a free Zaporozhian-Ukrainian Republic , with the support of Charles XII of Sweden . It is notable in that it established a democratic standard for the separation of powers in government between
12954-458: The place they would represent. Not made explicit was that only males were eligible to serve. When the Cortes convened for the first time on 24 September 1810, 104 deputies were present, 30 representing overseas territories (interim delegates who were living in Spain at the time of the French invasion). Only one of the 36 American deputies arrived in time for the opening session, Ramón Power y Giralt . Eventually, about 300 deputies, including 63 from
13081-496: The position of the commercial class in the new parliament since there was no special provision for the Catholic Church or the nobility . The constitution set up a rational and efficient centralised administrative system, based on newly formed provinces and municipalities, rather than following historic boundaries. The repeal of traditional property restrictions gave the liberals the freer economy that they wanted. However,
13208-455: The postwar chaos to proclaim their independence. Most established republican governments. The fact that the Constitution was considered too liberal by the conservative elements in the colonies only precipitated their decision to join the effort for independence from Spain. When Ferdinand was restored to the throne in Madrid , he expended wealth and manpower in a vain effort to reassert control over
13335-489: The power to enact a constitutional reform. The modern Cortes Generales were created by the 1978 Constitution of Spain , but the institution has a long history. The tribal councils organized under Germanic law in the Visigothic Kingdom had the power of appointing and confirming kings, as well as passing laws and judgment. The Visigothic Code compiled under kings Chindasuinth and Recceswinth in
13462-403: The protection of the interests and liberties of the citizenry , including those that may be in the minority ". Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires ); if they do not, they are termed "beyond power" (or, in Latin, ultra vires ). For example,
13589-696: The reign of Zara Yaqob . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. In the Principality of Catalonia , the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona
13716-546: The ruling class was to be based on wealth ( plutocracy ), rather than on birth ( aristocracy ). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism , and attempting to classify different forms of constitutional government. The most basic definition he used to describe
13843-400: The same meaning; as do "beyond power", ultra vires , "not authorized" and "invalid". In most but not all modern states the constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void , and the nullification
13970-591: The significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , and pagans . The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws ( Aus ) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within
14097-619: The supreme law used in parts of Germany as late as 1900. Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal , wrote the Fetha Negest in Arabic . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in
14224-468: The throne of Spain to his older brother Joseph Napoleon , who was crowned in July 1808. Napoleon thought that a reformist regime would be welcomed by the Spanish people, but they chose loyalty to Ferdinand VII. In order to further shore up French dominance and implement structural changes, Napoleon brought together as many aristocrats as possible to Bayonne, where they ratified "the first written constitution of
14351-657: The work on the Serbian Nomocanon in 1208 while he was at Mount Athos , using The Nomocanon in Fourteen Titles , Synopsis of Stefan the Efesian , Nomocanon of John Scholasticus , and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras , local church meetings, rules of the Holy Fathers , the law of Moses , the translation of Prohiron, and
14478-693: The young and chronically ill Charles II , the Cortes of Castile was responsible for naming his mother Mariana regent. During the War of the Spanish Succession , the Bourbon king Philip V suppressed the Cortes of Aragon and Valencia in 1707 and those of Catalonia and the Balearic Islands in 1714. Following the Peace of Utrecht , the 1716 Nueva Planta Decrees fully abolished
14605-468: Was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. The Romans initially codified their constitution in 450 BC as the Twelve Tables . They operated under a series of laws that were added from time to time, but Roman law was not reorganized into
14732-652: Was an organic, coherent, and systematic work of legislation encompassing the civil and penal law . The Gayanashagowa , the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems , or tribal chiefs, of the Iroquois League's member nations made decisions on
14859-598: Was based on Roman - Byzantine law . The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17). In 1222, Hungarian King Andrew II issued the Golden Bull of 1222 . Between 1220 and 1230, a Saxon administrator, Eike von Repgow , composed the Sachsenspiegel , which became
14986-469: Was established as a presidential republic , with a unicameral Parliament and a President of the Republic as the Head of State . Among his powers were the appointment and dismissal of the Prime Minister , either on the advice of Parliament or just having consulted it before, and a limited power to dissolve the Parliament and call for new elections. The first term was the constituent term charged with creating
15113-617: Was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of Magna Carta, related to " habeas corpus ", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of Magna Carta read: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by
15240-488: Was going to affirm him as Spain's legitimate ruler. His father Charles and mother María Luisa were also separately called to Bayonne. After the Dos de Mayo Uprising (2 May) 1808, Napoleon forced Ferdinand to abdicate the throne in favor of his father, who had abdicated under pressure. Because Charles hated his son so much that he did not want him to be his heir, he then abdicated in favor of Napoleon himself. Napoleon turned over
15367-504: Was incorrectly supposed to have been wiped out in the 1900s by the failed regenerationist movement. In the meantime, spiralling violence started with the murders of many leaders by both sides. Deprived of those leaders, the regime entered a general crisis, with extreme police measures which led to a dictatorship (1921–1930) during which the Senate was again abolished. The dictatorship, now ruled by Admiral Aznar-Cabañas , called for local elections. The results were overwhelmingly favorable to
15494-404: Was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law writs , such as quo warranto . Scholars debate whether a constitution must necessarily be autochthonous , resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea,
15621-515: Was proclaimed and the Congress of Deputies members started writing a Constitution, supposedly that of a federal republic , with the power of Parliament being nearly supreme (see parliamentary supremacy , although Spain did not use the Westminster system ). However, due to numerous issues, Spain was not ready to become a republic; after several crises the government collapsed, and the monarchy
15748-639: Was restored in 1874. The regime just after the First Republic is called the Bourbon Restoration . It was formally a constitutional monarchy , with the monarch as a rubberstamp to the Cortes' acts but with some reserve powers, such as appointing and dismissing the Prime Minister and appointing senators for the new Senate , remade as an elected House. In practice there was an artificial two-party system called El Turno Pacífico (peaceful rotation) in which elections were informally fixed so
15875-484: Was restored to the throne in 1814, he refused to recognize it. He dismissed the Cortes Generales on 4 May and ruled as an absolute monarch . These events foreshadowed the long conflict between liberals and traditionalists that marked Spanish history in the 19th and early 20th centuries. The Cádiz Cortes declared that the people of Spain have the sovereignty of all kingdoms of the Monarchy of Spain (including those of
16002-675: Was the first to provide formal national representation of the free urban citizens alongside the clergy and hereditary nobility. Subsequently, larger and more inclusive Cortes occurred in the Principality of Catalonia in 1192, the Kingdom of Portugal in 1211, the Kingdom of Castile in 1250, the Kingdom of Aragon in 1274, the Kingdom of Valencia in 1283, and Kingdom of Navarre in 1300. The Leonese and Castilian Corteses were merged in 1258, after which it provided representation to Burgos, Toledo, León, Seville, Córdoba, Murcia, Jaén, Zamora, Segovia, Ávila, Salamanca, Cuenca, Toro, Valladolid, Soria, Madrid, Guadalajara, and (after 1492) Granada. During
16129-665: Was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England. Japan 's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku , is an early example of a constitution in Asian political history. Influenced by Buddhist teachings,
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