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Catalan constitutions

From Wikipedia, the free encyclopedia
Constitutions

Constitutions of Catalonia
Constitucions de Catalunya
Compilation of 1702
Catalan Courts
Territorial extentPrincipality of Catalonia
Enacted byCatalan Courts
Enacted1283 (first), 1706 (last)
Effective1283
Introduced byCount of Barcelona
Repealed by
Nueva Planta decrees (1716)
Related legislation
Usages of Barcelona
Catalan /Valenciancultural domain

TheCatalan constitutions (Catalan:Constitucions catalanes,IPA:[kunstitusiˈonskətəˈlanəs]) were the laws of thePrincipality of Catalonia promulgated by theCount of Barcelona and approved by theCatalan Courts.Corts inCatalan has the same etymological origin ascourts in English (the sovereign's councillors or retinue) but instead means thelegislature.[1] The first constitutions were promulgated by theCorts of 1283. The last ones were promulgated by theCorts of 1705. They had pre-eminence over the other legal rules and could only be revoked by the Catalan Courts themselves. The compilations of theconstitutions and other rights ofCatalonia followed the Roman tradition of theCodex.

History

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Origin: The Catalan Courts of 1283

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The first Catalan constitutions were promulgated by the Catalan Courts held in Barcelona in 1283. The last ones were promulgated in 1706 by the Courts of 1705–1706 during the disputed reign ofCharles III, the Habsburg pretender to the Spanish throne during theWar of the Spanish Succession (1701–1713). The first compilation was prescribed byFerdinand I of Aragon, and suggestion by the Courts held in Barcelona from 1413. It spread in edition of the 1495, together with theUsages of Barcelona:

  • Usatges de Barcelona, Constitutions, Capitols, y Actes de Cort, y altras leys de Cathalunya ("Usages of Barcelona, constitutions, chapters and acts of court and other laws of Catalonia")

The compilations agreed in the Catalan Courts of 1585 and of 1702 were published in three volumes:

  • Constitutions y altres drets de Cathalunya ("Constitutions and other rights of Catalonia")
  • Pragmaticas y altres drets de Cathalunya ("Pragmatics and other rights of Catalonia")
  • Constitutions y altres drets de Cathalunya superfluos, contraris y corregits ("Constitutions and other rights of Catalonia, superfluous, contrary, and corrected")

De jure abolition: the Nueva Planta decrees

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Compilation of 1493

Shortly after the end of the War of the Spanish Succession, the kingPhilip V of Spain from the House of Bourbon issued the set ofdecrees known as theNueva Planta decrees (Spanish:Decretos de Nueva Planta, Catalan:Decrets de Nova Planta). This series of decrees abolished the separate laws of the territories that supported his Habsburg rival to the throne, the Archduke Charles of Austria; this included all realms of theCrown of Aragon. TheDecretos attempted to makeSpain into a centralized and absolutist monarchy on the model ofFrance, applying the laws ofCastile to all of Spain. These acts were promulgated inValencia andAragon in 1707, and were extended in 1716 to the Principality of Catalonia and theBalearic Islands (with the exception ofMenorca, a British possession at the time).

Thus, the Catalan Constitutions were effectively abolished by the King's authority after his military victory, rather than through any legislative process within Catalonia itself. The change ignored the Catalan Constitution's own provisions for how they were to be amended or reformed.

Restoration promise: The Third Carlist War

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During theThird Carlist War (1872–1876), theCarlist forces managed to occupy some cities in the Catalan interior.Isabel II was in exile and KingAmadeo I had reigned since 1871, although he was not generally popular. The pretenderCharles VII of Spain, grandson ofCharles V of Spain (henceCarlist fromCarlos, "Charles"), promised the Catalans, Valencians and Aragonese the return of their Charters orfueros (Catalan:furs) and the constitutions that Philip V had previously abolished.

The promise was never fulfilled, as the Carlist revolt did not succeed.Carlos María de los Dolores finally departed forFrance, 27 February 1876, the same day thatAlfonso XII of Spain enteredPamplona.

See also

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Notes

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  1. ^Compare the termMassachusetts General Court, the state legislature ofMassachusetts,United States of America.

References

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External links

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