La Constitución de Cádiz, modelo del constitucionalismo

Abstract

This paper has two parts: First it studies the origins, character and influence of the Cadiz Constitution, which emerged —it was not granted— by the Spanish kingdom and its overseas colonies. Its studies the historic-political background where the constitutional process begins: the French invasion, the usurpation of the spanish throne by Napoleon and the granting of Bayona Constitution by Joseph I, and the process of writing and approval of the Cadiz Constitution, remarking the role of the overseas colonies in its discussion. It analyzes the type of constitucion, the organization of State based on the division of powers, the establisment of a government regime founded on a constitucional monarchy, national sovereingty and the recognition of individual freedoms and rights. Emphasizes its originality and influence (along with the 1787 United States Constitution and the 1797 French constitution) over the constitucions of independent America and also modern and contemporary ones, including current 1978 spanish constitution. Its second part deals with the influence of the 1978 Spanish Constitution over the current 1987 Nicaraguan Constitution, specially on fundamental freedoms and rights of second and third generation, constitutional justice and the design of a Social State ruled by Law.