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Visions of Cadiz: The Constitution of 1812 in Historical and Constitutional Thought

Studies in Law, Politics, and Society, Vol. 53, pp. 59-88, December 2010

30 Pages Posted: 13 Jan 2011  

M. C. Mirow

Florida International University (FIU) - College of Law

Date Written: December 1, 2010

Abstract

This chapter examines the ways the Spanish Constitution of 1812, also known as the Constitution of Cadiz, has been viewed in historical and constitutional thought. The document is a liberal constitution establishing constitutional rights, a representative government, and a parliamentary monarchy. It influenced ideas of American equality within the Spanish Empire, and its traces are observed in the the process of Latin American independence. To these accepted views, one must add that the Constitution was a lost moment in Latin American constitutional development. By the immediate politicization of constitutionalism after 1812, the document marks the beginning of constitutional difficulties in the region.

This chapter has sections addressing: national sovereignty and popular representation, historical justification in the Cadiz process, liberal constitutionalism and constitutional rights, American equality and independence, and the politicization of constitutional texts and processes.

Keywords: Constitution, Cadiz, 1812, Latin America, Spain, Liberalism, Sovereignty, Representation, Historicity, Citizenship, Race, Slavery

JEL Classification: K1, K18, K33, N48, N43, N46

Suggested Citation

Mirow, M. C., Visions of Cadiz: The Constitution of 1812 in Historical and Constitutional Thought (December 1, 2010). Studies in Law, Politics, and Society, Vol. 53, pp. 59-88, December 2010. Available at SSRN: https://ssrn.com/abstract=1729204

M. C. Mirow (Contact Author)

Florida International University (FIU) - College of Law ( email )

2071 Diaz-Balart Hall
University Park
Miami, FL 33199
United States
305-348-8347 (Phone)

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