Discussions regarding the Historic Constitution of Navarra up until 1813. Origin of the concept and adapting to a changing context

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Published 19-06-2024
Fernando Mikelarena Peña

Abstract

In this article we examine the two main schools of thought about the concept of the Historical Constitution of Navarre between 1777 and 1808. The first, which was the founding constitution and is dated 1776-1777, was drawn up as a result of the controversy about military service between the Navarre Council and the Castile Council Attorney General, Campomanes, by the Navarrese jurist Juan Bautista de San Martín y Navaz. Its outstanding characteristic was its radical attitude in favour of making pacts. The second school of thought aimed to adapt to the new frameworks of the Bayonne Assembly and the Cadiz Cortes’ liberal constitutionalism. In 1808 and 1809 the Royal Trustee, Alejandro Dolarea, drew up the documents for the description of the Constitution of Navarre for their use in those meetings, presenting the Navarrese autonomous regime in a liberal way. His points of view were to resonate in the Preliminary Discourse in the presentation of the 1812 Constitution.

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Keywords

Historical Constitution, Navarre, Autonomous Laws, Making Pacts, Military Service, Cadiz Constitution, Bayonne Assembly

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