Spanish Constitution of 1931: Key Articles & Context
Articles of the Spanish Constitution of 1931
9 December 1931
(Excerpt: “Art. 1 España es una república democrática…”)
This is a text of a legal nature, specifically, the Spanish Constitution of 1931. Therefore, it originates from the appropriate public authority and is intended for the nation as a general text. It is a primary source, being a reproduction of articles from the 1931 Constitution.
The drafting of the constitution was carried out by a commission headed by the Socialist Jiménez de Asúa, and it was adopted on 9 December 1931. This text includes articles concerning various aspects contemplated by the 1931 Constitution:
Key Articles of the 1931 Constitution
- Art. 1: Declares Spain a republic, with national sovereignty and the right to autonomy for regions. It also defines the flag.
- Art. 2, 34, 36, and 39: Establish a set of individual rights such as equality before the law, freedom of thought and opinion, the right to vote for men and women (universal suffrage), and freedom of association and unionization.
- Art. 3 and 26: Refer to the religious question, establishing that the State will not economically favor the Church or any other religion, dissolving religious orders that impose obedience to an authority other than the State, subjecting the Church to the law, and establishing the obligation for the church to pay taxes.
- Art. 4: Sets Castilian as the official language but recognizes regional languages.
- Art. 11 and 12: Refer to the right of regions to obtain autonomy status, establishing conditions for it.
- Art. 51: Establishes that legislative power belongs to the Cortes (parliament), and ultimately, to the people who elect them.
- Art. 67, 68, 81, and 82: Refer to the President of the Republic, defining the role, its powers, and the possibility of dismissal.
Background: Fall of the Monarchy
The government of Admiral Aznar faced challenges. Alfonso XIII had no option but to form a government commission led by Admiral Juan Bautista Aznar, who organized a government comprising personalities from the old dynastic parties.
Municipal elections were called, and the result was a victory for the Republicans, considering the urban and worker vote. The Republic was proclaimed in Éibar and Barcelona, while in Madrid, the Revolutionary Committee took power. The King, advised by Romanones, went into exile from Cartagena. The Second Republic was enthusiastically received by many Spaniards, who hoped for the regeneration and modernization of Spain.
The provisional government was formed to convene constituent Cortes (parliament) to draft a constitution for the Second Republic. The first republican democratic elections were held in June 1931, giving a majority to Republicans and Socialists.
The Constitution of 1931 was approved with 368 votes in favor, 89 absences, and no votes against.
Analysis of the 1931 Constitution
Context: It is a constitution of 125 articles, plus certain transitional provisions. It received influence from the German Weimar Constitution of 1919, the Austrian Constitution of 1920, and the Mexican Constitution of 1917. The features of the 1931 Constitution are:
- A) Socialist Character: Defining the regime as a “Democratic Republic of workers of all classes”.
- B) Republican Exaltation: Definition of a secular state, democratic government, and universal suffrage extended to women.
- C) Liberal Aspect: Safeguarding private property and other individual guarantees.
- D) Autonomist Recognition: It recognized the right to seek statutes of autonomy, making concepts of national sovereignty and the central state compatible with regional autonomy.