The prosecution of deputies: the ‘Tribunal de las Cortes’ in the liberal triennium (1820-1823)

Abstract

The well-known decree of 24^th September 1810 stated that deputies were inviolable, and no attempt could be made to take action against them by any authority or private person except under the terms established in the regulations of the Cortes. On implementing this postulate and to safeguard the independence of the members of parliament, in the regulations governing the internal regime, a special jurisdiction was established which would be entrusted with prosecuting offences committed by procurators. This Tribunal de Cortes was recognised by the 1812 Constitution and exercised its judicial power during the Cadiz period and the Liberal Triennium. Undoubtedly, it was an exceptional measure, which implied a flagrant contradiction of the principle of separation of powers acclaimed in the constitutional text itself. Our article analyses the composition and functions of the Tribunal de Cortes during the Liberal Triennium. On studying its functions, special attention is given to the conflicts of competence that arose between the Supreme Court and the Tribunal de Cortes in this period. Finally, the particular case of Pablo Fernández de Castro is examined, one of the signatories of the famous manifesto handed to Fernando VII in 1814. With the reestablishment of constitutional rule, this Galician did not accept the general pardon of the Cortes and he was judged by the special Tribunal.