Public opinion and “liberties of speech” in the Spanish Constitutionalism (1726-1845)

Abstract

During the XVIIIth century, the Spanish concept of “public opinion” was meaning “opinion of the whole community”, and it could mean a wrong opinion. However, at the end of that century this concept acquired quantitative meaning, and it also acquired some of the liberal qualities as an instrument of control and direction of government. The XIXth century progresist liberalism added to the public opinion concept the idea that it could be only expressed by “active citizens” (that is, the ones who participate in politic process). This liberalism also conceived that public opinion should be transmitted through the exercise of natural rights, and that it was an instrument to control only the executive power through a “moral responsibility”. On the other hand, the “moderate liberalism” conceived that the only subjects of public opinion were the educated people, and it also distinguished between “legal opinion” (created by Parliament) and “natural opinion” (expressed by educated people). Public opinion was only able to be expressed through legal instruments: liberty of press, petitions or right to vote.

Submission date: 24/11/2005
Acceptance date: 03/02/2006