The Concept of the Constitution in Spain in the First Half of the 19th Century

Abstract

Introduction. The paper is devoted to the problem of significance of a concept of the constitution for the choice of the model of constitutional evolution, for the development of jurisprudence and law education in Spain in the first half of the 19th century. Methodology and materials. The paper is based on Spanish sources and literature: legal acts and other documents prepared by lawyers and politicians, texts of their speeches, educational literature (it reflected the advanced development of university education in comparison with proper scientific researches), as well as scientific works on the history of law, political and legal doctrines and constitutional law of Spain. Preparing the article, formal-dogmatic, comparative-legal, systemic-structural and historical research methods were used. Research results. The author of the paper identifies and analyzes the formed types of the concept of constitution: 1) as “ancient” (medieval) fundamental laws and customs (an “ancient” constitution); 2) as fundamental law of the Spanish monarchy (a political code); 3) as social relations as a result of the constitutional acts' implementation (a subject of political law researches). Their formation is inseparable from the history of the adoption of four constitutions of the 1st part of the 19th century, of the origin and development of the constitutional law science and its teaching in Spanish universities. Conclusions. The “ancient” constitution became one of the legal sources of the constitutions mentioned above and the foundation of their legitimization. The concept of constitution as a systematized fundamental law, adopted by a national representative body, following the models elaborated in France, determined forms and contents of the Spanish constitutional acts, the practice of their implementations, the features of juridical education and science. The sociological approach to the concept of constitution, activated by the introduction of political law in University schedule and in field of scientific researches, provided a theoretical study of the results of constitutional norms applying, of the influence of various social factors. Three noticed types of the concept of constitution are historical examples of the typology of the concept of constitution (historical-traditional, rational-normative, sociological), recognized by Spanish constitutional law.