The 1931 Spanish Constitution: A Democratic and Progressive Turning Point

The text before us is to discuss legal nature, it deals specifically with the 1931 Constitution democratic and progressive nature, which was promulgated on 9 December 1931.Históricamente we stand at the end of the dictatorship of Primo de Rivera , the acceptance that he had when the coup, went missing. Given the prestige of the dictatorship, fearful that affecting its monarchy, Alfonso XIII withdrew its support for Primo de Rivera, who resigned in 1930. He was replaced by General Berenguer, however this did not win the sympathy of public opinion and ironically his regime was called soft dictatorship. In response, the progressive sector, among which were the Republicans and the PSOE, signed the Pact of San Sebastian, an alternative to the monarchy and the Provisional Government of the future republic. In that year there was a military insurrection attempt república.En proclaim February 1931 was the last government of the monarchic period chaired by Admiral Aznar, who made a commitment to hold elections. They decided to start with the city to try to get him out handle and the option elected monarchy, but the manipulation did not work and the victory was the republican option. The 14th was proclaimed the Second Republic in Eibar. Alfonso XIII went into exile without abdicate and the provisional government was formed involving the left and Republican right, the radical republicans, socialists and Catalan nationalists and republicans galician sectors. Following the agreement on the Pact of San Sebastian, the provisional government held elections to the Constituent Cortes and carried out land reforms, military, educational, religious … In order to analyze the constitution, we distinguish several sections:

Form of government:

The constitution defined the State as a Republic.


Division of powers:

Legislative: Lived in the Constituent Assembly by a single camera.

Executive:

rested with the Council of Ministers and the Prime Minister elected by the Congress always under the control of the camera.

Judiciary:

The confident about independent judges.

Sovereignty:

Spain is defined as a republic of workers in all classes, namely national sovereignty.

Religion:

The State declared secular, broke any relationship with the Church.

Rights:

governing a broad statement of individual rights, as the women’s vote and the right to vote from age 23, civil marriage, divorce, separation of Church and State, equal education and work.

Organization of the State:

integral is configured but it is accepted the possibility of establishing autonomous, establishing the possibility of expropriation for use in the social.Podemos say that the constitution was adopted to ensure that, during the second republic, practiced a policy reform that would please the people, tired of the conservative political Primo de Rivera, and develop reforms in various fields. The constitution did not get the consensus of all political forces, especially with regard to the issue of religion and autonomous. Due to the adoption of religious articles, Manuel Alcala Zamora Azaña replaced to the Head of Government, while this became president.The republic was proposed to limit the influence of the Church and secular social life. The constitution of 1931 stipulated the State’s non-denominational, religious freedom and the abolition of the budget of worship and the clergy. Fear of religious orders led to the expulsion of the Jesuits and the nationalization of their property, while education was forbidden to other orders. Congregations law limiting the possession of religious orders and foresaw the possibility of dissolution. Some Catholic sectors perceived this legislation as an attack on religion. The church expressed its dissatisfaction to the Republic and mobilized the Catholic opinion against him. This contributed, too, the traditional anti-clericalism of the popular classes and the most radical. During the second biennium wanted to counter the religious reform through the provision of a budget for worship and clergy, and sought to sign a contract with the Holy See. The triumph of the Popular Front created a climate of social tension. The church feared a return to anti-clerical policy when again put into force the Constitution of 1931 and 1933 1931.Durante ruled the left-wing Republican forces, which were chaired by Manuel Azana and consisted of Left Republicans and Socialists. He promoted a program of widening and deepening of the reforms initiated during the constitutional period. Include:

Reform of the Army:

they pushed a reform which intended to create a professional army and democratic, it was necessary to reduce troops and end the macrocephaly. It was also proposed to ensure their obedience to the civil power, ending with the traditional military intervention in politics and the coup. To achieve these ends is fixed retirement law officers. The reform did not achieve its objectives, besides the attack on the military tradition that came with the reforms led to tension.

The religious question:

was chased to limit the power of the Church and secular social life, there was the dissolution of the Order of Jesuits and enacted the congregations for which limited the possession of goods to military orders. These reforms led to the discomfort of the Church and traditional anticlericalism grew taking radical positions.
The land reform was the largest project undertaken by the Republic. It sought to improve the situation of the peasantry (landless tenants) and end the backwardness of Spanish agriculture. A first series of decrees established the prohibition to terminate the leases, he had set the eight-hour day, minimum wages and the obligation of owners of land put under cultivation suited to it. We stress the Agrarian Reform Act that prompted the expropriation without compensation of estates belonging to the nobility and the settlement of farmers, law enforcement was entrusted to the IRA (Institute of Agrarian Reform). The reform will not achieve all its objectives in full and were important social consequences, especially among owners and farmers.

Centralist State Reform:

The configuration of a state that allows organizations emerged own regions, and highlight the regional government of Catalonia (The Government), the appearance of the first Lendakari in the Basque Country (José Antonio Aguirre) and the failed status in Galicia that was never approved by the outbreak of the Civil War.

The social and educational reforms:

It led to a series of reforms aimed at improving working conditions. Approved Procurement Law and the Law of mixed juries. Workweek was established and encouraged the rise of wages. Also promoted the creation of social insurance, was reduced field day and strengthened the role of unions in hiring agricultural farm chores. The goal of education reform was to promote a liberal and secular education and make the state the guarantor of the right to education extended to the entire population. It also created the Pedagogic Mission, aimed at spreading the culture in 1923 rurales.En areas came to power the center-right parties beginning the conservative biennium which runs until 1936, when elections were called. The new government has focused its political action toward the dismantling of the entire reformist work of the previous biennium. Governments were structured around two figures: Alejandro Lerroux (conservative) and Jose Maria Gil Robles (reformist-liberal). Lerroux paralyzed much of the previous reformist project. In the field, stop land reform, he had set the return of land to the nobility and was given total freedom of contract which led to a downward trend in the wages of laborers. The agricultural issue confronted the central government against the Generalitat of Catalonia that was in the hands of Republicans left. The central government also antagonized the nationalists helmets status to stop the project promoted by the PNV. On the other hand, wanted to counter the religious reform through the provision of a budget for worship and the clergy and also approved an amnesty for the rebels in Sanjurjo. The turning conservative and reformist obstruction to the work carried out by the Republican-Socialist coalition in the previous biennium resulted in the radicalization of the PSOE and the UGT. Confrontation with the nationalist forces of Catalonia and the Basque Country, the radicalization of the Socialists and the proliferation of disputes and strikes led to the CEDA to harden its position and claim a more forceful action in the field of public policy, demanding to participate directly in the government under the threat to withdraw its parliamentary support. Also note the revolution of 1932 and 1934. The revolution of 1932 begins with a confrontation with the government’s military reforms
Azaña with the draft statute of autonomy for Catalonia that led to Jose Sanjurjo to prepare with some Chartists and military officers, a rebellion in Sevilla on 10 August 1932. The rebellion, known as the Sanjurjada, was successful initially, in Seville, but failed in an absolute way in Madrid and also later in the Andalusian capital following a general strike, so Sanjurjo tried to flee to Portugal, arrested and sentenced to death . The revolution of 1934 has its origin in the entry of members of the CEDA in the government that was interpreted by the left as a road to fascism and the reaction was immediate and soon, on the initiative UGT general strikes occurred in the large cities as a means to defend republican democracy and social reform threatened by CEDA. The motion failed for lack of coordination and the strong response of the government declared a state of war. In Asturias miners members protagonizaros a social revolution, the result of agreement among anarchists, socialists and communists. Armed miners occupied people, took many Civil Guard barracks and replaced by revolutionary committees municipalities. The miners placed Oviedo and prepared to deal with the forces of order, but the Legion that I was brought from Africa soon with the revolution in Oviedo and the other core insurgents were defeated.In 1936 he formed a coalition of leftist parties and grouped in the Popular Front, which won a majority in the elections 1936.Quiroga was appointed prime minister and Manuel Azana, president of the republic, opposed the right and some of the military. The government launched the program agreed by the electoral coalition. It declared an amnesty for those imprisoned and forced companies to reinstate workers dismissed by many strikes of 1934. The government of the Generalitat returned to power and restored the Statute of Autonomy. Interrupted reforms were resumed during the second biennium. The most conservative sectors reacted negatively to these projects. The church feared a return to anti-clerical policy. Hopeful about the prospects for change, the left parties and trade unions launched a popular mobilization. He left the general power to the coup-prone, moving them to different destinations (Mola Navarra, Franco Canary …) The Spanish Falange fostered a climate of civil strife and political dissent. Very often resorted to street violence, initiating violent actions against leftist leaders. The clashes that occurred between the military left and right, between February and July 1936 are known as Spring tragic. The conspiracy had little strength and poor organization until the matter was led by General Mola, who sought a finding simultaneously all possible fittings, including the reserve army in Africa, led by Franco. The supreme leader would Sanjurjo, in exile in Portugal. This conspiracy had the support of right-wing political forces. Mola, the director, wanted to establish a military dictatorship to come back later to a republic or a monarchy CEDA wanted to go back to monarchy Alfonsina; Carlists, a traditional monarchy and Falangists and seeking a fascist Italian regime. José Calvo Sotelo was murdered in response to the assassination of Lt. Castillo on the left. This murder was the trigger for the uprising, which began in Morocco on 17 July. The failure of the military coup sparked a Civil War that would last for three years.