Analyzing the 1931 Spanish Constitution: Progressive Reforms and Societal Impact
Key Aspects of the 1931 Spanish Constitution
Among the most positive aspects, the Constitution highlights the treatment of culture, a primary concern of the regime, and the adoption of humanitarian and progressive approaches in family law. This includes equality between children born inside or outside marriage, paternity investigation, and the recognition of divorces. The socio-economic model recognizes the right to private property but emphasizes the state’s socialist role. Regarding legislative and executive powers, the 1931 Constitution designs a parliamentary regime, unbalanced in favor of the legislature. The courts’ first task is to assess the convenience of presidential dissolution, with a favorable vote by an absolute majority leading to the automatic dismissal of the Head of Government. The President, elected by an ad hoc assembly of parliament members and electors, wields absolute control over Parliament. Courts are established as the main representative of the people, elected every four years, consisting of a single chamber with exclusive legislative power. This system places political action within Congress rather than the government or parties, leading to years of intense parliamentary debate. Universal suffrage (men and women over 23), electoral districts in provincial capitals, the possibility of runoffs, and premium electoral majorities (not proportional representation) are established.
However, the most controversial aspect was the religious policy. Spain faced an intense secularization process, deemed necessary by political progressives due to the disproportionate influence of the clergy. The Constitution expressly prohibited financial assistance to religious denominations by the state, regions, and municipalities, mandated the indiscriminate extinction of clergy within two years, dissolved the Society of Jesus, limited religious property, and excluded religious teaching. These measures were incompatible with a liberal democratic state.
Judicial Organization and Challenges
The organization of justice introduced novel aspects, limiting military courts to military offenses, weapons, and armed forces discipline, abolishing courts of civil or military honor, and granting significant powers to the Supreme Court President. The President, appointed by the Republic’s President on the proposal of an assembly, required only Spanish citizenship, age over forty, and a law degree. The Court’s functions were extensive, including constitutional control of laws, supplementary protection of rights and freedoms, resolution of legislative competence conflicts between the state and autonomous regions, and knowledge of the criminal responsibility of the Head of State, government members, Supreme Court members, and the Public Prosecutor. The Court also reviewed and approved the powers of the commissioners who, with Parliament, elected the President.
Despite these features, the text had serious limitations, seemingly confirmed by the tragic outcome of the Second Republic’s democratic experience. However, it would be an exaggeration to attribute the regime’s crisis solely to constitutional defects. The social expectations revolution coincided with a severe economic crisis, partly due to the international situation. Spain’s relative economic isolation could not prevent the global crisis of 1929, which affected exports, foreign investment, and migration. The center-left coalition’s errors were amplified by the extreme conservatism of important economic sectors. The ineffectiveness of Agrarian Reform and the timid fiscal and budgetary policy, influenced by both the previous Primo de Rivera regime and orthodox economic doctrine, failed to counteract the prevailing economic pessimism.