Spanish Constitutions: 1873-1931
1873 Constitution Draft
Context: Federal Republic Proclamation
In 1873, Spain proclaimed the Federal Republic and drafted a corresponding constitution. Due to the ongoing Civil War, this constitution never took effect. By early 1874, the Republic fell, replaced by a provisional government. The draft constitution emphasized national sovereignty, outlined rights and liberties, established the separation of church and state, and introduced religious freedom. It also detailed the division of powers (executive, legislative, and judicial), including a presidential figurehead. The president’s term was set at four years. A key innovation was the federal political system, a concept previously associated with Carlism. This system was based on municipalities, regional states, and the federal state.
The Rise of Carlism and Alfonso XII
By 1874, the Carlists appeared dominant. However, a military proclamation at the end of the year declared Alfonso XII king. A war-weary nation accepted this decision, though many longed for Charles VII. This marked the beginning of the Restoration period, lasting until 1931. This period of supposed stability required a new constitutional text, a task undertaken by Cánovas del Castillo.
1876 Constitution
Sovereignty and Rights
The 1876 Constitution blended elements of the 1845 and 1869 constitutions. This monarchical constitution established the principle of dual sovereignty (the crown and the nation). It outlined individual rights and freedoms, subject to public policy. The three classic powers were maintained, with strengthened monarchical authority.
Religion and International Recognition
Article 11 of the constitution set forth freedom of private worship. While Catholicism remained the state religion, private practice of other faiths was permitted. This concession aimed to secure recognition of Alfonso XII by Protestant powers like Germany and England, important allies of Cánovas.
Suspension and Reinstatement
This constitution lasted until Primo de Rivera’s coup in 1923. It was reinstated in 1930 but repealed in 1931 with the proclamation of the Second Republic and the establishment of a new constitutional text. The period from 1923 to 1930 saw the suspension of the constitution. While Spain retained a king, the government was led by Miguel Primo de Rivera, who sought to transcend the perceived chaos of political parties. This reflected a broader European trend towards authoritarian and totalitarian regimes. Primo de Rivera’s regime, intended to be authoritarian and corporatist, ultimately failed.
1929 Constitution Draft
Key Features
Primo de Rivera’s government drafted a constitution that never came into effect. Its 104 articles defined Spain as a unitary constitutional monarchy, established unified codes and institutions, and adhered to the principles of differentiated and coordinated powers. While Catholicism remained the state religion, private worship of other faiths was allowed. The draft also established social and economic rights and duties for Spaniards.
Role of the King and Parliament
The king held a moderating role, sharing legislative power with parliament. This unicameral parliament consisted of deputies elected every five years and others appointed by the king. Universal suffrage, including women’s suffrage, was established. However, this constitution never took effect. The 1876 Constitution was restored in 1930, but the monarchy, with Alfonso XIII blamed for its suspension, could not withstand the ensuing crisis. In April 1931, the Republic was established, along with a new constitution.
1931 Constitution
Structure and Sovereignty
The 1931 Constitution, comprising 125 articles, defined Spain as a democratic republic of workers. It established popular sovereignty and broke with the principle of a state religion, declaring Spain to have no official religion. The territory was organized into municipalities, provinces, and regions, with autonomous municipalities and locally elected councils based on universal suffrage, including women’s suffrage. Provinces could unite to form autonomous entities, a novel concept.
Rights, Duties, and Religious Orders
The constitution outlined social and economic rights and duties, eliminated the budget for worship and clergy, and dissolved religious orders with vows of obedience to authorities outside the state (e.g., the Society of Jesus). Religious freedom was established, and religious teaching orders were forbidden. Work was declared a social good, and a social security system was mandated.
Government Structure and Leadership
The unicameral parliament, the Congress, consisted of deputies elected every four years by universal, equal, direct, and secret suffrage. The head of state, the President of the Republic, was elected by Congress and an equal number of popularly elected delegates. The presidential term was set at six years, with restrictions preventing priests, soldiers, and members of ruling or former royal families from holding the office.
Court of Constitutional Guarantees
which is responsible for resolving motions. The Constitution of the Second Republic was short lived. In time of peace lasted until 1936 and civil war until 1939.