The consultative function and the State Council in the Constitution of Cadiz (1812)
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Abstract
The Constitution of 1812 defined the State Council as «the only Council of the King, who will hear his opinion in the governmental serious subjects, and particularly to give or to deny the sanction to the laws, to declare the war and to make treaties». This definition was developed enunciating the Council as «purely consultative organ». The redundancy of describing the Council as «purely consultative» is only apparent when we considere that such definition had a reactive character. The difficulty to turn the State Council in a «purely consultative» organ has interest because it demonstrates how the first Spanish constitutional culture could —or not— imagine a consultative function without a government, normative or jurisdiccional meanings. But this affirmation operates in the opposite sense, which means that it can be used to qualify the design and the practice of the all constitutional organs of the 1812 constitution.
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