of that of 1869. A commission of thirty-nine, designated
May 20, 1875, by a junta convened by Canovas, had evolved with some
difficulty an instrument which combined various features of both of
these earlier documents, and by the Cortes of 1876 this proposed
constitution was at length accorded definite, though by no means
unanimous, assent (June 30). This instrument was put forthwith into
operation, and it has remained to this day, substantially without
alteration, the fundamental law of Spain. Based essentially upon the
constitution of 1845, it none the less exhibits at many points the
influence of the liberal principles which underlay the instrument of
1869.
*676. Contents: Guarantees of Individual Liberty.*--In scope the
constitution is comprehensive. Its text falls into thirteen "titles"
and eighty-nine articles. Like the constitution of Italy, it contains
no provision for its own amendment; but in Spain, as also in Italy,
the distinction between constituent and legislative powers is not
sharply drawn and a simple act of the legislative body is in practice
adequate to modify the working constitution of the kingdom. Among the
thirteen titles one of the most elaborate is that in which are defined
the rights and privileges of Spanish subjects and of aliens resident
in Spain.[846] Among rights specifically guaranteed are those of
freedom of speech, freedom of the press, peaceful assemblage, the
formation of associations, petition, unrestrained choice of professions,
and eligibility to public offices and employments, "according to (p. 612)
merit and capacity." Immunities guaranteed include exemption from
arrest, "except in the cases and in the manner prescribed by law";
exemption from imprisonment, except upon order of a competent judicial
official; freedom from molestation on account of religious opinions,
provided due respect for "Christian morality" be shown;[847] and
exemption from search of papers and effects and from confiscation of
property, save by authority legally competent. It is forbidden that
either the military or the civil authorities shall impose any penalty
other than such as shall have been established previously by law.
Certain guarantees, i.e., those respecting arrest, imprisonment,
search, freedom of domicile, freedom of speech and press, assemblage,
and associations, may, under provision of the constitution, be
suspended throughout the kingdom or in any portion thereof, but only
when demanded by
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