Spanish Constitutions of 1876 and 1931: A Comparison
Constitution of 1876: Key Features
Internal Constitution: The doctrine of the Internal Constitution in Spain posited a system with both a Monarchy and a Parliament. The Constituent Assembly could not deliberate on the monarchy. The Internal Constitution existed alongside the Crown. The King held wide-ranging powers over the courts and contributed to national courts. The King could dissolve or suspend the courts if it was submitted to the Government.
Dual Party Trust and Time: This shaped the customary Constitution, modeled on the English system. While this custom was maintained, the written text remained constant, leading to a misleading construction and eventual degeneration.
Shared Sovereignty: Sovereignty was shared between the Crown and the Courts.
Doctrinal Rights and Freedoms: Cánovas del Castillo, the primary architect of the 1876 Constitution, favored limited and regulated rights and freedoms, leaving open the possibility of future legal development.
Religious Tolerance: The Constitution’s stance on religious tolerance was vague and flexible, subject to the interpretation of different governments.
Right to Vote: Cánovas did not regulate voting rights based on census suffrage, referring it to future law. This opened a door to the eventual abolition of universal suffrage.
Constitution of 1931: Key Features
Democracy: The democratic principle was reflected in the concept of *national sovereignty*. All powers of the State emanated from the people. *Universal suffrage*, with equal rights and duties between men and women, was established. Political participation was exercised by the people through the Cortes (Parliament). The Constitution included provisions for popular initiatives and referendums.
Political Liberalism:
- The Bill of Rights included liberal criteria, encompassing rights related to family, economy, and culture. It established the right of association for officials, religious freedom, and created the Emergency Court and the Court of Constitutional Guarantees. It also provided for freedom of movement and immigration, freedom of expression, demonstration, association, organization, and the inviolability of the home.
- The Organic Distribution of Political Power: The Constitution sought a swift government, but one dependent on Parliament and the Head of State.
Regionalism: The Constitution established a system of regional political autonomy, positioned between a unitary and a federal state. This was known as the “integral state,” guided by these principles:
- Equality of all Spanish citizens in the various regions.
- Superiority of law emanating from the central organs of state.
- Statutes of autonomy had to be proposed by the councils of the provinces concerned, endorsed regionally, and approved and sanctioned by the courts.
- Autonomy was an option, not an obligation.
- Federation of autonomous regions was banned.
- The division of powers was as follows:
- The Constitution defined a list of legislative and executive matters exclusively for the central power.
- Other matters were legislated by the central power but could be executed by the regions.
- There were two residual categories: one empowered regions to legislate and implement matters not included in the previous lists, and another granted competence to the central authorities for matters not explicitly covered in the statutes of autonomy.
- The State could establish the basis by law, and Parliament could approve it by a two-thirds majority.
Secularism: Article 3 of the Constitution stated, “The Spanish state has no official religion.” This led to conflicts between the Church and State, anti-Republican pastoral letters, a ban on religious orders practicing teaching, and incidents of convent burning with government inaction.
Mixed Economy: The Republic attempted to establish a welfare state based on a mixed economy. This included state-controlled industrial relations, limited worker participation in company management, minimum wages, a tentative attempt to establish a comprehensive social insurance system, and an ambitious but not revolutionary agrarian policy.