The organization of executive power in Spain (1808 -1810). Reflections on an unedited text by Jovellanos

Abstract

The discovery of an unpublished document written by Jovellanos about the organization of the Presidency of the Junta Central allows for a reassessment of his relevance in the configuration of the executive power during the early years after the War of Independence. After explaining where the document was found, as well as confirming its authorship and when it was written, I will analyze the document’s context. The conclusion of this analysis is that many of the measures relevant to the structure of the Junta Central came from Jovellanos, who wanted said organization to be able to exercise genuine political power, yet to be organized in the most convenient way in order to be able to reflect upon the political and administrative reforms once the Cortes met. Throughout the study, I will show how Jovellanos tried to reflect his political theories on sovereignty and the separation of powers in the structure of the Junta Central, but also how he altered his initial beliefs due to the convulsive political situation in Spain during the War of Independence. Additionally, it will be shown that the blueprint of internal executive power obligated Jovellanos to also define the competencies of the future Regency, of the Juntas Provinciales and even of the monarch himself. This work employs a methodology typical to constitutional history, integrating an analysis of political thought, the contents of law and institutional development. In order to create this document, direct sources have been primarily used, many of which are relatively unknown.