1931 Constitution: Spain’s First Republic & Key Articles
1931 Constitution
Background: This document provides information on selected articles from the 1931 Constitution, Spain’s first republican constitution. It is a primary source legal text of collective authorship.
Purpose: The constitution aimed to establish a modern democratic system in Spain, replacing the monarchy and the moderate Constitution of 1876. It was intended for the entire Spanish nation, which had voted for a republican regime.
Analysis of Key Articles
- Article 1: Defines the republic’s characteristics, vesting power in the people and specifying the flag and anthem (Riego’s Hymn) as symbols.
- Article 3: Declares the state secular, prohibiting public endorsement of any religion and restricting religious practice to private life, reflecting socialist anticlerical influence.
- Article 11: Establishes the right of regions to create statutes of autonomy, subject to the Constitution.
- Article 26: Addresses the “religious issue,” ending state subsidies to the Church and prohibiting religious instruction in education.
- Article 36: Defines the republican regime’s voting system.
- Article 67: Describes the role of the President of the Republic as head of state representing the Spanish nation.
- Article 68: States that the President of the Republic is elected by the courts.
Historical Context
Following Primo de Rivera’s resignation in 1930, Alfonso XIII tasked General Berenguer with restoring the old system. However, due to slow progress, Juan Bautista Aznar was appointed to head the government and call elections. The elections resulted in the end of Alfonso XIII’s power, with a majority favoring the establishment of a republic. Alfonso XIII chose to leave the country voluntarily.
A provisional government, led by Niceto Alcalá Zamora and composed of Republicans, socialists, and nationalists, was formed. The new government initiated reforms, including land reform, labor reform, and military reform. However, the anarchist CNT promoted widespread strikes, and clashes between the Church and the government arose. Constituent Assembly elections were held to legitimize the Republic.
The new constitution reflected the majority’s ideas, featuring:
- National sovereignty
- Universal suffrage (male and female)
- Extensive bill of rights and freedoms
- Separation of powers
- The right of regions to establish statutes of autonomy within the Constitution
- Elimination of state funding for worship and clergy
- Freedom of conscience and worship
Due to the constitution’s strong anti-clerical stance, Alcalá Zamora resigned and was replaced by Manuel Azaña, who became prime minister during the reformist biennium. Alcalá Zamora was later elected President of the Republic during the biennium reform.
Critical Assessment
This document presents selected articles from the 1931 Constitution, Spain’s first Republican Constitution. It is a subjective text, reflecting the author’s feelings and ideas. The constitution, modern and democratic for its time, had limited impact. Its implementation was disrupted by the 1936 coup and the subsequent Civil War, leading to a fascist regime under General Francisco Franco that lasted 40 years.
In my opinion, this constitution is significant because the republic represented Spain’s first attempt to establish a modern democratic system. Furthermore, the Republic’s demise led to the July 1936 uprising and the ensuing Civil War, which resulted in the establishment of Franco’s fascist regime.