The supreme court of justice of spain in the transition to the liberal formation

Abstract

The longing for organising a liberal State in Spain, where the rights of the people are recognised as arising from them and not derived from the Monarch, contrasts with the perennial absolutist will of a system that considers the sovereignty of the King as a system of power that has little or nothing to do with the principle of division of power. In the beginning of XIX century the Constitution of Cadiz is proclaimed, which shortly after is abolished. After a few years it is proclaimed again, the King comes back and revokes it, over and over again. If this is a politically confusing conflict even more is the administration of justice that everyday concretises the legal system given that a state is liberal or absolutist. the analysis from the supreme court of Justice in Spain shows the existence of a mixed state, or rather a state in transition, provides help at the moment of understanding which have been the challenges it has faced and the reasons for its current configuration.