Model of the Federal Republic of Spain: constitutional experience 1873

Abstract

The article analyses an attempt to transform Spain into a federation during the period of the First Republic (1871–1873). The constitutional framework for this form of government was based on historical peculiarities of the statesmanship of the Iberian Peninsula, on the idea of the “compound” character of the Spanish nation, and on the principle of people’s sovereignty. The idea of separation of powers proposed in the draft of the Constitution of 1873 became the basis for the desirable structure of the power both vertically and horizontally at all levels (federal, regional and municipal one). The existence of the fourth power was a novelty in implementation of the principle. This power was called a “connecting” one and it was conferred to the president of the Republic. The experience of 1873 is very useful for the analysis of the state structure of Spain on the basis of the Constitutions of 1931 and 1978.

Keywords:

state, state structure, Spain, Constitution, draft of the Constitution, people’s sovereignty, republic, federation, 1873