Spanish Constitutions: 1869, 1876, and 1931 Analysis
Spanish Constitutions: 1869, 1876, and 1931
1931 Constitution
The constituencies where elections were held were mostly won by left-wing parties (Republican Left of Azaña and PSOE). This constitution’s fundamental principles were:
- Spain declared itself an integral state, supporting the autonomy of communities and municipalities.
- Power was divided between the President of the Republic (elected every 6 years) and the Head of Government (elected every 4 years).
- A single chamber was established, with the Senate removed.
- Full universal suffrage was established for the first time. The fact that women could vote was largely due to people like Clara Campoamor.
- The Court of Guarantees (similar to today’s constitutional court) was established to resolve violations against the constitution and conflicts between the central government and regional autonomies.
- Spanish equality of all before the law was established.
- Private property was acknowledged but with the possibility of expropriation with prior compensation.
The most controversial aspect of this Constitution was the religious question, as it established the separation of church and state.
This included the deletion of remuneration for the clergy, religious education (establishing a body of teachers), allowing for the dissolution of religious orders with a special vote (the Jesuits), and approving divorce. This religious crisis provoked the first government crisis, with Catholic members and some members resigning, including Miguel Maura. Once the Constitution of 1931 was approved, Niceto Alcalá Zamora was elected President of the Republic and Manuel Azaña as Head of Government, beginning the Left Biennium.
1869 Constitution
Considered the most advanced of the century, it was characterized by national sovereignty and the division of powers and was not doctrinaire. This constitution granted more rights and freedoms to the Spanish people, such as freedom of expression and freedom of association, which opened the door to trade unionism in Spain. It also recognized freedom of worship, allowing any religion other than Catholicism. Universal male suffrage was also granted.
1876 Constitution
Passed in May 1876, it was the longest-lasting in Spanish history (47 years).
It attempted to find a balance between the moderate constitution of 1845 and the democratic constitution of 1868. Its main features were:
- It was doctrinaire.
- It considered Catholicism the state religion.
- It was bicameral (Congress of Deputies and Senate).
- It included classic rights and freedoms: press, association, and assembly.
- The right to vote was not decreed but deferred to future laws.
- For the first time, the existence of a constructive opposition was established.
Once approved, the Constitution established the two great parties of the system, which reached an agreement to come to power peacefully:
- The Conservative Party, led by Cánovas del Castillo, which joined the former Moderate Party, the most conservative part of the Unionists, and even some moderate Carlist members.
- The Liberal Party, led by Sagasta, a fusion of the Democrats, Progressives, and the more liberal wing of the Unionists. In 1891, coinciding with the adoption of universal male suffrage, the most moderate Republicans, led by Castelar, joined.