Constitution of the Second Spanish Republic (1931): Overview and Key Features

Key Aspects of the 1931 Spanish Constitution

The 1931 Constitution, a product of the Second Spanish Republic, emerged from a collective effort of diverse ideologies following the abdication of Alfonso XIII. This foundational legal text established a social democratic republic, characterized by its secular nature and emphasis on social rights. It recognized regional autonomy within a unified state and incorporated modernizing elements aligned with a democratic state of law.

Historical Context and Enactment

The Constitution was promulgated on December 9, 1931, amidst a period of significant social and political change in Spain. The rise of labor movements, the growth of republican sentiment, and the preceding dictatorship culminated in the establishment of the Republic. The municipal elections of 1931 proved favorable to Republican-Socialist alliances, paving the way for the new constitution.

Core Principles and Rights

Article 1 defined the state as a “democratic republic of workers of all kinds,” highlighting the popular sovereignty underpinning the new regime. The Constitution enshrined generous rights and freedoms, including economic and social rights, drawing inspiration from German, Mexican, and Soviet models. These rights, however, were subject to certain security restrictions.

• Culture and Family Law: The Constitution emphasized cultural development and adopted progressive approaches to family law, including equality between children born within and outside marriage, paternity investigation, and the recognition of divorce.
• Socio-Economic Model: While recognizing the right to private property, the Constitution incorporated socialist principles, reflecting the diverse political forces involved in its drafting.

Organization of Powers

Legislative and Executive Branches

The Constitution established a parliamentary regime with a strong legislature. The unicameral Parliament, elected every four years by universal suffrage (men and women over 23), held exclusive legislative power. The executive branch was headed by a President, elected by an ad hoc assembly and subject to parliamentary control.

Judicial System

The judicial system underwent significant reforms, limiting military courts to military offenses and abolishing honor courts. The Supreme Court was granted extensive powers, including constitutional review, protection of rights and freedoms, and resolution of jurisdictional disputes between the state and autonomous regions.

Religious Policy and Secularism

Controversial Aspects

The Constitution’s religious policy was a source of contention. It aimed to curtail the influence of the clergy and promote secularism through measures such as the prohibition of state financial assistance to religious denominations, the dissolution of the Society of Jesus, and limitations on religious property and teaching. These measures were considered incompatible with the practices of a liberal democratic state by some.