Retroversion of the sovereignty to the people
Encyclopedia
The Retroversion of the sovereignty to the people, which challenged the legitimacy of the colonial authorities
, was the principle underlying the Spanish American Independence processes.
In 1808, the Spanish King Ferdinand VII had been imprisoned by the Napoleonic Empire and subsequently replaced
by Joseph Bonaparte
. In Spain, resistant governing juntas
were formed, claiming sovereignty
in the absence of the legitimate King. The principle of retroversion of sovereignty provided that, in such a case, sovereignty immediately returns to the peoples, who have a right to appoint new authorities. Following the 1810 disbanding of the central governing Junta of Seville, Spanish American peoples assumed, in turn, their rights to appoint new local authorities.
Thus, in both Spain
and Hispanic America
, this principle was a precedecessor to the concept of popular sovereignty
, currently expressed in most constitution
al systems throughout the world, whereby the people delegate governmental functions in their leaders while retaining the actual sovereignty.
of Spain. Only the king could rule over them, either directly or through viceroy
s appointed by himself. This principle already existed, and justified that Spain and Spanish America have different laws. Ancient Indian Law scholars argued that they were two different realms, united under one same crown.
With the imprisonment of Ferdinand VII in Spain during the Peninsular war
and the absence of a legitimate successor, the criterion was used to justify self-government. The Junta of Seville had no authority to send or appoint viceroys in America, but Americans had instead the same rights as Spaniards to govern themselves as the rightful king was absent.
The principle was employed by many independentist movements in South America of that time, such as the Chuquisaca Revolution
or the May Revolution
.
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
, was the principle underlying the Spanish American Independence processes.
In 1808, the Spanish King Ferdinand VII had been imprisoned by the Napoleonic Empire and subsequently replaced
Abdications of Bayonne
The Abdications of Bayonne is the name given to a series of abdications of kings of Spain that led to the Peninsular War.The Mutiny of Aranjuez forced king Charles IV to abdicate and give the throne to his son, Ferdinand VII. Napoleon Bonaparte forced Ferdinand to abdicate as well, ending the...
by Joseph Bonaparte
Joseph Bonaparte
Joseph-Napoléon Bonaparte was the elder brother of Napoleon Bonaparte, who made him King of Naples and Sicily , and later King of Spain...
. In Spain, resistant governing juntas
Junta (Peninsular War)
In the Napoleonic era, junta was the name chosen by several local administrations formed in Spain during the Peninsular War as a patriotic alternative to the official administration toppled by the French invaders...
were formed, claiming sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
in the absence of the legitimate King. The principle of retroversion of sovereignty provided that, in such a case, sovereignty immediately returns to the peoples, who have a right to appoint new authorities. Following the 1810 disbanding of the central governing Junta of Seville, Spanish American peoples assumed, in turn, their rights to appoint new local authorities.
Thus, in both Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Hispanic America
Hispanic America
Hispanic America or Spanish America is the region comprising the American countries inhabited by Spanish-speaking populations.These countries have significant commonalities with each other and with Spain, whose colonies they formerly were...
, this principle was a precedecessor to the concept of popular sovereignty
Popular sovereignty
Popular sovereignty or the sovereignty of the people is the political principle that the legitimacy of the state is created and sustained by the will or consent of its people, who are the source of all political power. It is closely associated with Republicanism and the social contract...
, currently expressed in most constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al systems throughout the world, whereby the people delegate governmental functions in their leaders while retaining the actual sovereignty.
Description
The principle of retroversion of sovereignty was premised on the basis that the Spanish territories in America were a personal possession of the king of Spain but not a colonyColony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
of Spain. Only the king could rule over them, either directly or through viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
s appointed by himself. This principle already existed, and justified that Spain and Spanish America have different laws. Ancient Indian Law scholars argued that they were two different realms, united under one same crown.
With the imprisonment of Ferdinand VII in Spain during the Peninsular war
Peninsular War
The Peninsular War was a war between France and the allied powers of Spain, the United Kingdom, and Portugal for control of the Iberian Peninsula during the Napoleonic Wars. The war began when French and Spanish armies crossed Spain and invaded Portugal in 1807. Then, in 1808, France turned on its...
and the absence of a legitimate successor, the criterion was used to justify self-government. The Junta of Seville had no authority to send or appoint viceroys in America, but Americans had instead the same rights as Spaniards to govern themselves as the rightful king was absent.
The principle was employed by many independentist movements in South America of that time, such as the Chuquisaca Revolution
Chuquisaca Revolution
The Chuquisaca Revolution was a popular uprising on 25 May 1809 against the governor and intendant of Chuquisaca , Ramón García León de Pizarro. The Real Audiencia of Charcas, with support from the faculty of University of Saint Francis Xavier, deposed the governor and formed a junta...
or the May Revolution
May Revolution
The May Revolution was a week-long series of events that took place from May 18 to 25, 1810, in Buenos Aires, capital of the Viceroyalty of the Río de la Plata, a Spanish colony that included roughly the territories of present-day Argentina, Bolivia, Paraguay and Uruguay...
.