1873 - 1874

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Project of Spanish Constitution of 1973

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Fragment of the Project constitutional Spanish of 1873.

THE SPANISH NATION, gathered in Constituent Cortes, wanting to assure the freedom, to complete the justice and to carry out the human end to that is called in the civilization, decrees and it sanctions the following fundamental Code:

I TITLE PRELIMINARY

All person finds insureds in the Republic, without no power has abilities to restrain them, neither law any authority to shrink them, all the natural rights.

1.º The right to the life, and to the security, and to the dignity of the life.

2.º The right to the free exercise of their thought and the free expression of their conscience.

3.º The right to the diffusion of their ideas by means of the teaching.

4.º The meeting right and of peaceful association.

5.º The freedom of the work, of the industry, of the interior trade, of the credit.

6.º The right of property, without linking ability neither paying-off.

7.º The equality before the law.

8.º The right to be sworn and to be judged by the Juries; the right to the defense libérrima in trial; the right, in the event of falling in blame or crime, to the correction and the purification by means of the pain.

These rights are previous and superiors to all positive legislation.

I TITLE FIRST

DE THE SPANISH NATION

Article 1.º Compose the Spanish Nation the States of High Andalusia, Low Andalusia, Aragon, Asturias, Balearic Canaries, Castile the New one, Castile the Old one, Catalonia, Cuba, Extremadura, Galicia, Murcia, Navarrese, Puerto Rico, Valencia, Regions Vascongadas. The States will be able to conserve the current counties or to modify them according to its territorial necessities.

Art. 2.º The islands Philippines, of Fernando Poo, Annobón, Corisco, and the establishments of Africa, compose territories that, to measure of their progresses, they will rise to States for the public powers.

I TITLE II

DE THE SPANIARDS AND THEIR RIGHTS

Art. 3.º are Spanish:

1.º All the people born in Spanish territory.

2.º father's children or Spanish mother, although they have been born outside of Spain.

3.º The foreigners that have obtained nature letter.

4.º Those that, without her, have won vicinity in any town of the Spanish territory.

The quality of Spanish is acquired, it is conserved and he/she gets lost with arrangement to what you/they determine the laws.

Art. 4.º Any Spanish neither foreigner will be able to be stopped neither prisoner but by reason of crime.

Art. 5.º All detainee will be put in freedom or surrendered to the judicial authority in the twenty-four following hours to the act of the detention.

All detention will be left without effect or he/she will rise to prison in the seventy two hours of having been given the detainee to the competent judge. The providence that you will dictate will be notified to the interested one inside the same term.

Art. 6.º No Spanish will be able to be prisoner but by virtue of commandment of competent Judge. The car for which the commandment has been dictated will be ratified or it will restore, heard the presumed criminal, in the seventy two following hours to the act of the prison.

Art. 7.º Nobody will be able to enter in the home of a Spanish or residing in foreigner Spain without their consent, except in the urgent cases of fire, flood or another similar danger or of aggression coming from inside, or for auxiliary to person that needs aid, or to occupy the building militarily when it demands it the defense of the public order. Outside of these cases, the entrance in the home of a Spanish or residing in foreigner Spain, and the registration of their papers or effects, it will only be been able to decree for competent Judge. The registration of papers and effects will always take place to presence of the interested one or of an individual of their family, and in their defect of two neighboring witness of the same town. However, when a criminal found in fraganti and pursued by the authority or their agents you will give refuge in their home they will be able to these to only penetrate in him for the act of the apprehension. If you will give refuge in other people's home, it will precede requirement to the owner of this.

Art. 8.º No Spanish will be able to be compelled to move of home or residence but by virtue of sentence executorship.

Art. 9.º In any case will be able to stop neither to open up for the governmental authority the confident correspondence to the mail, neither neither to stop the telegraphic one.

But by virtue of car of competent Judge they will be able to stop an and another correspondence, and also to open up in presence of the one processed the one that is directed by the mail.

Art. 10.º All prison car, of habitation registration or of detention of the written correspondence or telegraphic, it will be motivated.

When the car lacks this requirement, or when the reasons in that he/she has been founded are declared in illegitimate or notoriously insufficient trial, the person that had been prey, or whose prison has not been ratified inside the term pointed out in the article 65 or whose home has been leveled, or whose correspondence has been stopped, he/she will be entitled to claim of the Judge that has dictated the car a proportionate compensation to the caused damage, but never inferior to 500 ptas.

The agents of the public authority will be also subject to the compensation that the judge regulates when they receive in prison to anyone person without commandment in that the motivated car is inserted, or when they retain it without this car has been ratified inside the legal term.

Art. 11. The governmental authority that infringes that prescribed in the articles 5.º, 6.º, 7.º and 8.º will incur, according to the cases, in crime of arbitrary detention or of housebreaking, and it will also be subject to the compensation prescribed in the paragraph second of the previous article.

Art. 12. He/she will be entitled also to compensation, regulated by the Judge, all detainee that has not been given to the judicial authority inside the term pointed out in the article 5.º.

If the Judge, inside the term prescribed in this article, I won't elevate to prison the detention, it will be forced towards the detainee to the compensation that establishes the article 10.

Art. 13. No Spanish will be able to be processed neither sentenced but for the Judge or Tribunal to the one who, by virtue of facts previous to the crime, concern the knowledge and in the form that these prescribe.

They won't be been able to create extraordinary tribunals neither special commissions to know of any crime.

Art. 14. All detained person or prey without the legal formalities or outside of the cases foreseen in this Constitution it will be put in freedom to his petition or of any Spanish.

The law will determine the form of proceeding summarily in this case, as well as the hardships in that it must incur the one that will order, will execute or hiciere to execute the detention or illegal prison.

Art. 15. Nobody will be able to be deprived temporary or perpetually of their goods and rights, neither upset in the possession of them, but by virtue of car or judicial sentence.

The public officials that I lower any pretext infringe this prescription they will be personally responsible for the caused damage.

They are excepted of her the cases of fire and flood or other urgent ones similar in that for the occupation you must excuse a danger to the proprietor or possessor, or to avoid or to attenuate the wrong that you temiere or happened hubiere.

Art. 16. Nobody will be able to be condemned of their goods but by reason of common utility and by virtue of judicial commandment that won't be executed without previous compensation, regulated by the Judge with intervention of the interested one.

Art. 17. Nobody is forced to pay contribution that has not been voted by the Cortes or for the popular corporations legally authorized to impose it, and whose collection is not made in the form prescribed by the law.

All public official that attempts or demand the payment of a contribution without the requirements prescribed in this article it will incur in the crime of illegal exaction.

Art. 18. Any Spanish that is in the full enjoyment of its civil rights will be able to be deprived of the right of voting in the elections.

Art. 19. Neither he/she will be able to be deprived any Spanish:

Of the right of emitting their ideas and opinions freely, already by word of mouth, already in writing, being been worth of the printing or of another similar procedure.

Of the right of to meet and to associate peacefully for all the ends of the human life that are not contrary to the public morals.

Of the right of directing petitions, individual or collectively, to the Cortes and the other authorities of the Republic.

Art. 20. The petition right won't be been able to exercise collectively for any armed force class.

Neither they will be able to exercise it individually those that are part of an armed force but with arrangement to the laws of their institute as soon as he/she has relationship with this.

Art. 21. He/she won't settle down, neither for the laws neither for the authorities, disposition some preventive one that refers to the exercise of the rights defined in this title.

Neither they will be able to settle down the censorship, the deposit neither the responsible editor for the newspapers.

Art. 22. The crimes that are made with occasion of the exercise of the rights expressed in this title will be punished by the tribunals with arrangement to the common laws and they will be denounced by the governmental authorities, without damage of those that come from occupation or by virtue of the public or fiscal action.

Art. 23. The municipal authorities can prohibit the shows that offend to the decency, to the customs and the public decency.

Art. 24. The meetings outdoors and the manifestations will be by day and they must never obstruct the public road neither to take place around the City councils, Cortes of State or Cortes of the Federation.

Art. 25. Nobody will impede, it will suspend neither it will dissolve any association whose statutes are known officially, and whose individuals don't contract secret obligations.

Art. 26. All Spanish will be able to be founded and to maintain instruction establishments or of education, without previous license, except for the inspection of the competent authority for reasons of hygiene and morality.

Art. 27. All foreigner will be able to settle down freely in Spanish territory, to exercise in him his industry or to be devoted to any profession for whose acting doesn't demand the holding laws of aptitude sent by the Spanish authorities.

Art. 28. To any Spanish that is in the full enjoyment of their civil rights it will be been able to prevent to leave the territory freely neither to transfer their residence and haberes to foreign country, salvos the obligations of contributing to the military service or the maintenance of the public loads.

Art. 29. All the Spaniards are acceptable to the employments and public positions, according to their merit and proven capacity.

The foreigner that not naturalized estuviere won't be able to exercise in Spain the vote neither position some that has old authority or jurisdiction.

Art. 30. All Spanish is forced to defend the Homeland with the weapons, when it is called by the law, and to contribute to the expenses of the State in proportion of its haberes.

Art. 31. The enumeration of the rights expressed in this title doesn't imply the prohibition of anyone other not declared expressly.

Art. 32. It won't be necessary the previous authorization to process before the Tribunals to the public officials whichever it is the crime that cometieren.

The command of the superior won't exempt of responsibility in the cases of apparent infraction, white and closing, of a constitutional prescription.

In the other ones it will only exempt the agents that don't exercise authority.

Art. 33. When the legislative Power declares a territory in state of civil war or foreigner they will govern the military laws there.

In any case he/she will be able to settle down another penalty that the one prescribed previously by the law.

Art. 34. The exercise of all the cults is free in Spain.

Art. 35. It is separate the Church of the State.

Art. 36. It is forbidden to the Nation or the federal State, to the regional States and the Municipalities to subsidize direct neither indirectly any cult.

Art. 37. The records from birth, of marriage and death they will always be registered by the civil authorities.

Art. 38. The titles of nobility are abolished.

I TITLE III

DE THE PUBLIC POWERS

Art. 39. The form of government of the Spanish Nation is the federal Republic.

Art. 40. In the political organization of the Spanish Nation all the individual one is of the individual's pure competition; all the municipal one is of the Municipality; all the regional one is of the State, and all the national one is of the Federation.

Art. 41. All the powers are elective, removable and responsible.

Art. 42. The sovereignty resides in all the citizens, and it is exercised in his representation by the political organisms of the Republic constituted by means of the universal vote.

Art. 43. These organisms are:



The Municipality.
The regional State.
The federal State or Nation.


The sovereignty of each organism recognizes for limits the rights of the human personality. Also, the Municipality recognizes the rights of the State, and the State the rights of the Federation.

Art. 44. In Africa and in Asia it possesses the Republic Spanish territories in that you/they have not still been developed enough the political organisms, and, therefore, they will be governed by special laws, dedicated to implant the man's natural rights there and to offer a human and progressive education.