1940 Constitution of Cuba
Encyclopedia
The 1940 Constitution of Cuba, was implemented in 1940, during the presidency of Federico Laredo Brú
. It was primarily influenced by the collectivist ideas that inspired the Cuban Revolution of 1933. Widely considered one of the most "progressive
" constitutions in existence at the time, it provided for land reform
, public education
, minimum wage
and other leftist ideas. It consisted of 286 articles in 19 sections and took six months to write.
The Constitution of 1940, (a) substantiated voting as a right, obligation and function of the people; (b) endorsed the previously established form of government, specifically republican, democratic and representative; (c) confirmed individual rights and privileges including private property rights; and (d) introduced the notion of collective rights.
Under the Constitution of 1940, the separation between the three branches of government remained, but with obvious distinctions. Specifically,(a) the role of the prime minister
was introduced; (b) the executive branch converted to semi-parliamentary form, where half of its ministers could also be congressmen; and (c) Congress’ form was changed to one representative in the house to every 35,000 citizens or greater fraction of 17,500, and nine senators per province
.
The Constitution of 1940 ratified the power and separation of the judiciary. Specifically, the judicial branch remained autonomous and empowered to nominate judges and magistrates. Like the Constitution of 1901
, and the U.S. Constitution, Supreme Court
justices were appointed by the president and confirmed by the senate. In addition, the Constitution of 1940 instituted a Court of Constitutional and Social Guarantees (the “Constitutional Court”) under the Supreme Court’s jurisdiction. The Constitutional Court was empowered to hear labor and constitutional law matters, and determine remedies for violations thereof.
Under the Constitution of 1940, (a) provincial government was terminated; the provincial councils, however, endured, but were now composed of the mayors of various municipalities incorporated into each province; (b) the governor’s power to suspend mayors ceased, while the municipalities gained the right to tax locally; (c) public expenses and budgeting at all levels became subject to a ministerial officer under the auspices of a newly created Court of Public Administration; and (d) a Court of Public Works was instituted.
The constitutional amendment clause was very strictly enforced in the Constitution of 1940. Title XIX, article 285 (a)-(b) of the Constitution of 1940, required a constitutional convention to modify the language of the Constitution. Congress, however, was authorized to make minor reforms to the document; provided, however, that the following requirements were adhered to: (a) quorum (joint session); (b) two thirds vote of the total number of legislators; and (c)“doble consideración” or consideration of the proposed amendments at two consecutive legislative sessions.
Additionally, the Constitution of 1940 could also be reformed via a referendum clause. The most notable difference between the Constitution of 1901 and the Constitution of 1940 was the addition of constitutional protection for issues relating to family, culture, property and labor. Without constitutional antecedents and expertise in the area of protection of social rights
, the drafters of the Constitution of 1940 sought guidance from Second Spanish Republic
's “Constitution of 1931
” and Germany
’s “Weimar Constitution
.” The Constitution of 1940 was only in effect for 12 years.
Following a coup d'état by Fulgencio Batista in 1952, parts of this constitution were suspended. Prior to the triumph of the Cuban Revolution
, Fidel Castro
and the other revolutionaries, through the Manifiesto of the Sierra http://www.chibas.org/raul_chibas_manifiesto.php, claimed that their chief goal was to reinstate the Constitution of 1940. However, the revolutionaries reneged on their promise and abrogated the Constitution of 1940 once in power.
Federico Laredo Brú
Dr. Federico Laredo Brú was an attorney and served as President of Cuba from 1936 to 1940. He was married to Leonor Montes .-Rise to power:...
. It was primarily influenced by the collectivist ideas that inspired the Cuban Revolution of 1933. Widely considered one of the most "progressive
Progressivism
Progressivism is an umbrella term for a political ideology advocating or favoring social, political, and economic reform or changes. Progressivism is often viewed by some conservatives, constitutionalists, and libertarians to be in opposition to conservative or reactionary ideologies.The...
" constitutions in existence at the time, it provided for land reform
Land reform
[Image:Jakarta farmers protest23.jpg|300px|thumb|right|Farmers protesting for Land Reform in Indonesia]Land reform involves the changing of laws, regulations or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution,...
, public education
Public education
State schools, also known in the United States and Canada as public schools,In much of the Commonwealth, including Australia, New Zealand, South Africa, and the United Kingdom, the terms 'public education', 'public school' and 'independent school' are used for private schools, that is, schools...
, minimum wage
Minimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...
and other leftist ideas. It consisted of 286 articles in 19 sections and took six months to write.
The Constitution of 1940, (a) substantiated voting as a right, obligation and function of the people; (b) endorsed the previously established form of government, specifically republican, democratic and representative; (c) confirmed individual rights and privileges including private property rights; and (d) introduced the notion of collective rights.
Under the Constitution of 1940, the separation between the three branches of government remained, but with obvious distinctions. Specifically,(a) the role of the prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
was introduced; (b) the executive branch converted to semi-parliamentary form, where half of its ministers could also be congressmen; and (c) Congress’ form was changed to one representative in the house to every 35,000 citizens or greater fraction of 17,500, and nine senators per province
Province
A province is a territorial unit, almost always an administrative division, within a country or state.-Etymology:The English word "province" is attested since about 1330 and derives from the 13th-century Old French "province," which itself comes from the Latin word "provincia," which referred to...
.
The Constitution of 1940 ratified the power and separation of the judiciary. Specifically, the judicial branch remained autonomous and empowered to nominate judges and magistrates. Like the Constitution of 1901
1901 Constitution of Cuba
1901 Constitution of Cuba was the constitution used in Cuba from May 20, 1902 until it was replaced by the 1940 Constitution of Cuba. A constitutional convention was called by Leonard Wood, the U.S. military governor of Cuba. On November 5, 1900, the 6 provinces sent delegates to the convention...
, and the U.S. Constitution, Supreme Court
Supreme Court of Cuba
The People's Supreme Court is the highest body of judicial power in Cuba. It is elected by, and accountable to, the National Assembly of People’s Power...
justices were appointed by the president and confirmed by the senate. In addition, the Constitution of 1940 instituted a Court of Constitutional and Social Guarantees (the “Constitutional Court”) under the Supreme Court’s jurisdiction. The Constitutional Court was empowered to hear labor and constitutional law matters, and determine remedies for violations thereof.
Under the Constitution of 1940, (a) provincial government was terminated; the provincial councils, however, endured, but were now composed of the mayors of various municipalities incorporated into each province; (b) the governor’s power to suspend mayors ceased, while the municipalities gained the right to tax locally; (c) public expenses and budgeting at all levels became subject to a ministerial officer under the auspices of a newly created Court of Public Administration; and (d) a Court of Public Works was instituted.
The constitutional amendment clause was very strictly enforced in the Constitution of 1940. Title XIX, article 285 (a)-(b) of the Constitution of 1940, required a constitutional convention to modify the language of the Constitution. Congress, however, was authorized to make minor reforms to the document; provided, however, that the following requirements were adhered to: (a) quorum (joint session); (b) two thirds vote of the total number of legislators; and (c)“doble consideración” or consideration of the proposed amendments at two consecutive legislative sessions.
Additionally, the Constitution of 1940 could also be reformed via a referendum clause. The most notable difference between the Constitution of 1901 and the Constitution of 1940 was the addition of constitutional protection for issues relating to family, culture, property and labor. Without constitutional antecedents and expertise in the area of protection of social rights
Social rights
Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to adequate standard of living and the right to health. Economic, social and cultural rights are recognised and protected in international and regional human rights...
, the drafters of the Constitution of 1940 sought guidance from Second Spanish Republic
Second Spanish Republic
The Second Spanish Republic was the government of Spain between April 14 1931, and its destruction by a military rebellion, led by General Francisco Franco....
's “Constitution of 1931
Spanish Constitution of 1931
The Spanish Constitution of 1931 meant the beginning of the Second Spanish Republic, the second period of Spanish history to date in which the election of both the positions of Head of State and Head of government were democratic. It was effective from 1931 until 1939...
” and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
’s “Weimar Constitution
Weimar constitution
The Constitution of the German Reich , usually known as the Weimar Constitution was the constitution that governed Germany during the Weimar Republic...
.” The Constitution of 1940 was only in effect for 12 years.
Following a coup d'état by Fulgencio Batista in 1952, parts of this constitution were suspended. Prior to the triumph of the Cuban Revolution
Cuban Revolution
The Cuban Revolution was an armed revolt by Fidel Castro's 26th of July Movement against the regime of Cuban dictator Fulgencio Batista between 1953 and 1959. Batista was finally ousted on 1 January 1959, and was replaced by a revolutionary government led by Castro...
, Fidel Castro
Fidel Castro
Fidel Alejandro Castro Ruz is a Cuban revolutionary and politician, having held the position of Prime Minister of Cuba from 1959 to 1976, and then President from 1976 to 2008. He also served as the First Secretary of the Communist Party of Cuba from the party's foundation in 1961 until 2011...
and the other revolutionaries, through the Manifiesto of the Sierra http://www.chibas.org/raul_chibas_manifiesto.php, claimed that their chief goal was to reinstate the Constitution of 1940. However, the revolutionaries reneged on their promise and abrogated the Constitution of 1940 once in power.
The signers of this Constitution were
- Carlos Márquez Sterling y Guiral, President of the Constitutional Convention
- Alberto Boada Miquel, Secretary the Constitutional Convention
- Emilio Núñez PortuondoEmilio Núñez PortuondoEmilio Núñez Portuondo was a Cuban politician, lawyer, and diplomat. He was Prime Minister of Cuba in 1958....
, Secretary the Constitutional Convention - José Manuel Cortina GarcíaJosé Manuel CortinaJosé Manuel Cortina y Garcia was a Cuban politician, lawyer and journalist....
, President of the Comisión Coordinadora de la Convención Constituyente - Salvador Acosta Casares
- Francisco Alomí y Álvarez de la Campa
- Rafael Álvarez González
- José R. Andréu Martínez
- Manuel Benítez González
- Antonio Bravo Acosta
- Antonio Bravo Correoso
- Fernando del Busto Martínez
- Juan Cabrera Hernández
- Miguel Calvo Tarafa
- Ramiro Capablanca Graupera
- José Manuel Casanova Diviño
- César Casas Rodríguez
- Romárico Cordero Garcés
- Ramón Corona García
- Felipe Correoso y del Risco
- Miguel Covula Llaguno
- Pelayo Cuervo Navarro
- Eduardo Rene Chibás Rivas
- Francisco Dellundé Mustelier
- Mario E. Díhigo
- Arturo Don Rodríguez
- Manuel Dorta Duque
- Nicolás Duarte Cajides
- Mariano Esteva Lora
- José A. Fernández de Castro
- Orestes Ferrara Marino
- Simeón Ferro Martínez
- Manuel Fuego Suárez
- Adriano Galano Sánchez
- Salvador García Agüero
- Félix García Rodríguez
- Quintín Jorge Vernot
- Ramón Granda Fernández
- Ramón Grau San Martín
- Rafael Guas Iclán
- Alieda Hernández de la Barca
- Alfredo Hornedo Suárez
- Francisco Ichiazo Macias
- Felipe Jay Raoulx
- Emilio A. Laurent Dubet
- Amaranto López Negrón
- Jorge Mañach Robato
- Juan Marinello Vidaurreta
- Antonio Martínez Fraga
- Joaquín Martínez Sáenz
- Jorge A. Mendigutía Silveira
- Manuel Mesa Medina
- Joaquín Meso Quesada
- Gustavo Moreno Lastres
- Eusebio Mujal Barniol
- Delio Núñez Mesa
- Emilio Ochoa Ochoa
- Manuel A. Orizondo Caraballé
- Manuel Parrado Rodés
- Juan B. Pons Jané
- Francisco José Prieto Llera
- Carlos Prío SocarrásCarlos Prío SocarrásCarlos Prío Socarrás was the President of Cuba from 1948 until he was deposed by a military coup led by Fulgencio Batista on March 10, 1952, three months before new elections were to be held.- Governance :...
- Santiago Rey Perna
- Mario Robau Cartaya
- Blas Roca CalderioBlas Roca CalderioBlas Roca Calderio was the First President of the National Assembly of People's Power in Cuba, former head of the Communist Party of Cuba, editor of the communist newspaper 'Hoy', and influential member of Castro's government, in Santa Clara, August 1962.-Political life:Blas Roca, a leading...
- Primitivo Rodríguez Rodríguez
- Esperanza Sánchez Mastrapa
- Alberto Silva Quiñones
- Miguel A. Suárez FernándezMiguel A. Suárez FernándezMiguel Angel Suárez Fernández was a Cuban lawyer and politician. He served as the Cuban Foreign Minister in 1951....
- César Vilar Aguilar
- Fernando del Villar de los Ríos
- María Esther Villoch Leyva