Spanish Constitution of 1931: Key Features & History
The Constitution of 1931
Elections to the Constituent Cortes were held on June 28, with 4.5 million voters (70% turnout). The election gave a clear victory to a Republican-Socialist coalition, endorsing government action. On July 14, the courts were established, with Julian Besteiro as president. On July 28, confidence in the government was ratified. The Constitution was finally adopted on December 9, 1931. It consists of 125 articles divided into nine titles.
Key Characteristics
- The state is defined as a “democratic republic of workers of all kinds, to be held in a regime of liberty and justice,” underlining the popular character of sovereignty.
- The first article proclaims the equality of all Spaniards before the law and the state.
- A comprehensive statement of rights and freedoms, not just individual and political, but also family, economic, and cultural.
Innovative Rights
- Universal suffrage for adults over 23 years of age, of both sexes.
- Establishment of civil marriage, divorce, and equal rights for legitimate and illegitimate children.
- Equality in the right to education, which is guaranteed by the State and will be secular.
- Work is understood as a social obligation to be regulated and protected by law.
- Subordination of the right to private property to the public interest, with the possibility of expropriation.
Structure of Power
- The Cortes are the principal representation of the people. Elected every four years, they consist of a single house and have exclusive legislative power, with a clear predominance over other state institutions.
- The President is elected every six years by members and an equal number of commissioners elected by universal suffrage. This form combines direct elections with subjecting the President to the Cortes.
- The President’s powers are restricted and controlled by the House.
- The President appoints the head of government and, upon the latter’s proposal, the ministers. They must be ratified by Parliament and are individually accountable to it.
Judiciary and Autonomous Communities
- The judiciary is totally independent, with a Constitutional Court whose members are elected by Parliament, and which is the highest court of the State.
- It is envisaged that a number of provinces may form an Autonomous Community, for which they must submit their draft statute to the courts, which are responsible for approving it. The Constitution includes the tasks that may be transferred.
- The federation of autonomous regions is prohibited.
Controversial Articles
Articles 26 and 27 of the Constitution were the most hotly debated. These articles addressed:
- The dissolution of religious congregations with obedience to authority other than the legitimate state (this was to expel the Jesuits, who had direct obedience to the Pope).
- The elimination of the budget for worship and clergy.
- Prohibition of religious congregations from practicing education, industry, and commerce.
- Proclamation of freedom of conscience and worship.
- Civil jurisdiction over cemeteries.
The approval of these items caused a government crisis, with the resignation of Alcalá Zamora and Miguel Maura. The government was reshuffled, with Azaña assuming the presidency in addition to the Ministry of War. The Constitution’s mood was clearly progressive and was frontally attacked by the Church and right-wing parties. Following the adoption of the Constitution, on December 10, Alcalá Zamora was elected the first President of the Republic, and Azaña was confirmed as Head of Government.