Spain’s Second Republic: 1931 Constitution and Reforms
The Second Republic
Constitution of 1931
The isolation of the dictatorship regime, the fall of Primo de Rivera, and subsequent events led to the municipal elections of April 12, 1931. The triumph of the Republican candidates in the provincial capitals was interpreted as a verdict unfavorable to the royal cause, and the King decided to suspend the exercise of power and leave Spain, without relinquishing his rights. With this decision, on April 14, the Second Republic was proclaimed. The provisional government called for elections to the Constituent Cortes and instructed the drafting of a constitution. The Cortes appointed a committee of MPs to complete a draft constitution to allow parliamentary debate on the final text, which was adopted on December 9 as the Constitution of the Spanish Republic. It is a creation of the left, defining the Spanish state as “a republic of workers of all kinds.” Rejected by the right as it was not the majority opinion in the country. It disagreed with the state or non-denominational with autonomías. The new constitution, in a progressive sense, connected with traditional texts of 1812 and 1869, but also with Mexico in 1917 and the USSR in 1924, and in the teachings of the most prominent theorists of socialism, proclaims popular sovereignty. It contains a statement of social, economic, and labor rights, which extended the classical liberties. Among these rights include:
- Divorce
- Recognition of children born out of wedlock
- Limitations of property rights in their social role as socializing property and nationalizing utilities
- Direct universal suffrage, equal (for both sexes) and secret for those over 23 years
- Consideration of work as a social duty, the equality of all citizens before the right to education
A separation of church and state. In the issue of regionalism, the constitution itself did not grant autonomy but laid the groundwork for it and instructed the parliament’s discussion of possible autonomy statutes.
Legislature: A unicameral system was recognized in the legislative power, being the repository of popular sovereignty in parliament, whose members are elected by universal suffrage for a period of four years. Members of the Parliament elected the President of the Republic, who had among his powers the ability to dissolve parliament.
Executive Power: The executive power rested with the Council of Ministers and the President of the Republic, elected by the Congress of Deputies. Its powers were under the control of the chamber.
Judiciary: The judiciary lay with the courts of justice. A novelty was the creation of a Constitutional Court, charged with solving the unconstitutionality of laws.
Intent:
Democratizing. This constitution and the Second Republic were blocked by Franco’s dictatorship.
Phases of the Republic – Reformist Biennium
The petty bourgeoisie formed the new government and represented the new democratic forces united in opposition to the monarchy: republicans, nationalists, and socialists. One of their first measures was drafting a constitution to develop the new political regime. The power was in the hands of the left, socialist and republican. The problems faced were:
Religious: This issue garnered the most support for the government. The government made the regime secular, enacting laws and complementary decrees such as the dissolution of the Society of Jesus and confiscation of their property, secularization of cemeteries, civil marriage and divorce, and the prohibition of religious teaching orders. This meant a situation of constant opposition between the church and the Republic, ending with the expulsion of Cardinal Segura.
Military Problem: Civil contempt for power. Primo de Rivera had given them more power. Dissatisfaction with salary and promotion system. Workers did not understand. They tried to modernize the army. The Azaña Act aimed to create a professional army, end the special privileges of the military, and ensure their obedience to civilian authority and the Republic. The “Law of Official Retirement” allowed the withdrawal, with full pay, of all generals and officers who would not swear allegiance to the Republic.
Agrarian Problem: Largo Caballero pushed for land reform, requiring landowners to give priority to work with local laborers. Homeowners reacted by creating the National Association of Owners of Farms. The Agrarian Reform Act, with compensation provided for the expropriation of large estates that were not cultivated by their owners, uneducated and non-irrigated land, was entrusted to the Institute of Agrarian Reform.
Labor and Social Problem: Strikes, like the telephone workers of the CNT, challenged the Republic. They became radicalized, dominated by the FAI, aiming to make a revolution. There were many unemployed workers due to the 1929 crisis.
Regional Problem: In Barcelona, the Republic was proclaimed hours before Madrid by Macià. Madrid’s government sent two ministers to Catalonia: Nicolau d’Olwer and Marcelino Domingo, with the aim of changing the name of the State to the Catalan Generalitat.
Education and Culture: The aim was to promote a liberal and secular education, promoting culture as a means of modernizing the country. The Republic faced the problem of a high rate of illiteracy, with building projects for school places slowed by lack of budget.