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 Cubaportal |
The 1940 Constitution of Cuba was implemented during the presidency of Fulgencio Batista on 10 October 1940. [1] It was primarily influenced by the collectivist ideas that inspired the Cuban Revolution of 1933. Widely considered one of the most progressive constitutions at the time, it provided for land reform, public education, a minimum wage and other social programs. It had 286 articles in 19 sections.
Despite the fact that some political parties had refused to participate in some elections in anticipation of fraud by the government in power, all parties presented candidates for the election of a Constitutional Assembly in November 1939. Beneath the variety of parties, the two national leaders who had dominated Cuban politics since the ouster of Gerardo Machado [ who? ] in 1933: former President Ramón Grau and Fulgencio Batista, a military leader who had dominated several recent presidents. Each maneuvered to form coalitions, but public interest was only sufficient to produce a turnout of 57% of the eligible voters. The 76 delegates from nine political parties first elected Grau chairman, but he was removed when the Conservative Party delegates, who had campaigned in opposition to Batista, switched sides and supported Batista's candidate for chairman, Carlos Márquez Sterling. [2] The assembly debated publicly for six months and adopted the constitution at the Capitol in Havana. It was signed on 1 July 1940, in Guáimaro, Camagüey, as a tribute to the anti-colonial revolutionaries who signed a draft of a proposed Cuban constitution there in 1869. [3] A later U.S. Ambassador to Cuba, Philip Bonsal assessed the outcome: [2]
The final product was generally considered enlightened and progressive. It reflected a serious consideration of Cuba's experience and of Cuba's problems. It embodied the hopes and aspirations of many. Some of its clauses may have been, as alleged particularly by conservatives, unworkable. It contained a number of provisions requiring implementing legislation from the Congress. That legislation, in matters affecting the propertied classes and their American allies, was either not forthcoming or was delayed to the very end of the twelve years during which the constitution was in force....
For example, the Constitution established as national policy restrictions on the size of land holdings and an end to common ownership of sugar plantations and sugar mills, but these principles were never translated into legislation. [4]
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: (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 member in the house for every 35,000 citizens or greater fraction of 17,500, and nine senators per province.
The Constitution of 1940 ratified the authority and independence 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, known as the Constitutional Court, under the jurisdiction of the Supreme Court. The Constitutional Court was empowered to hear labor and constitutional law disputes and to set remedies for violations.
Under the Constitution of 1940, provincial government was terminated. The provincial councils endured, but were now composed of the mayors of various municipalities incorporated into each province. The governor’s power to suspend mayors ceased, while the municipalities gained the right to impose local taxes. Public expenses and budgeting at all levels became subject to a ministerial officer under the auspices of a new Court of Public Administration. A Court of Public Works was instituted.
The constitutional amendment clause was strictly enforced in the Constitution of 1940. A constitutional convention was required to modify the language of the Constitution. Congress was authorized to make minor reforms to the document, provided that the following requirements were adhered to: (a) quorum (joint session); (b) two thirds vote of the total number of legislators; and (c) proposed amendments needed to be approved at two consecutive legislative sessions. The Constitution of 1940 could also be modified via referendum.
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 used as models the Second Spanish Republic's Constitution of 1931 and Germany's Weimar Constitution.
The Constitution of 1940 was in effect for 12 years until, in 1952, following a coup d'état by Fulgencio Batista, parts of it were suspended.
In 1953, Fidel Castro's manifesto "History Will Absolve Me" declared the restoration of the 1940 Constitution one of the principal aims of his revolutionary movement. [5] In 1957, he and two of his fellow revolutionaries in the "Manifesto of Sierra Maestra" announced their intention to restore the 1940 Constitution should they succeed in defeating the Batista dictatorship. [6] They delayed doing so until 1976. Without any supervision nor proof, the Cuban government claims a referendum that year approved the adoption of a new constitution, the 1976 Constitution of Cuba, which defined the country as a one-party state under the Communist Party of Cuba and replaced the office of Prime Minister of Cuba with the executive office of the president. Proof of statistics have yet to been brought forward as of January 2024.
The signers were: [7]
•Dr Jose A Martinez
Fulgencio Batista y Zaldívar was a Cuban military officer and politician who served as the elected president of Cuba from 1940 to 1944 and as a military dictator from 1952 to 1959, until he was overthrown in the Cuban Revolution.
Carlos Manuel Prío Socarrás was a Cuban politician. He served as 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. He was the first president of Cuba to be born in an independent Cuba and the last to gain his post through universal, contested elections. He went into exile in the United States, where he lived for 25 years before dying by suicide at age 73.
The Cuban Revolution was a military and political effort to overthrow the government of Cuba between 1953 and 1959. It began after the 1952 Cuban coup d'état which placed Fulgencio Batista as head of state. After failing to contest Batista in court, Fidel Castro organized an armed attack on the Cuban military's Moncada Barracks on July 26, 1953. The rebels were arrested and while in prison formed the 26th of July Movement. After gaining amnesty the M-26-7 rebels organized an expedition from Mexico on the Granma yacht to invade Cuba. In the following years the M-26-7 rebel army would slowly defeat the Cuban army in the countryside, while its urban wing would engage in sabotage and rebel army recruitment. Over time the originally critical and ambivalent Popular Socialist Party would come to support the 26th of July Movement in late 1958. By the time the rebels were to oust Batista the revolution was being driven by the Popular Socialist Party, 26th of July Movement, and the Revolutionary Directorate of March 13.
Granma is a yacht that was used to transport 82 fighters of the Cuban Revolution from Mexico to Cuba in November 1956 to overthrow the regime of Fulgencio Batista. The 60-foot diesel-powered vessel was built in 1943 by Wheeler Shipbuilding of Brooklyn, New York, as a light armored target practice boat, US Navy C-1994, and modified postwar to accommodate 12 people. "Granma", in English, is an affectionate term for a grandmother; the yacht is said to have been named for the previous owner's grandmother.
Manuel Urrutia Lleó was a liberal Cuban lawyer and politician. He campaigned against the Gerardo Machado government and the dictatorial second presidency of Fulgencio Batista during the 1950s, before serving as president in the revolutionary government of 1959. Urrutia resigned his position after only seven months, owing to a series of disputes with revolutionary leader Fidel Castro, and emigrated to the United States shortly afterward.
This article gives an overview of liberalism in Cuba. It is limited to liberal parties with substantial support, mainly proved by having had a representation in parliament. The sign ⇒ means a reference to another party in that scheme. For inclusion in this scheme it isn't necessary so that parties labeled themselves as a liberal party.
History Will Absolve Me is the title of a two-hour speech made by Fidel Castro on 16 October 1953. Castro made the speech in his own defense in court against the charges brought against him after he led an attack on the Moncada Barracks in Cuba. The speech later became the manifesto of his 26th of July Movement.
Ramón Grau San Martín was a Cuban physician who served as President of Cuba from 1933 to 1934 and from 1944 to 1948. He was the last president other than an interim president, Carlos Manuel Piedra, born during Spanish rule. He is sometimes called Raymond Grau San Martin in English.
Carlos Hevia y de los Reyes-Gavilan was the interim President of Cuba, serving for less than three days. During the third week of 1934, Hevia was President from 5:00 p.m. on Monday, January 15, until 1:20 a.m. on Thursday, January 18. Cuban junta leader Fulgencio Batista had obtained the resignation of Hevia's predecessor, Ramón Grau. The choice of Hevia was unpopular with the military, and by Wednesday, the new President was asked to resign. He was replaced by Manuel Márquez Sterling.
The Cuban Revolutionary Party – Authentic, commonly called the Authentic Party, was a political party in Cuba most active between 1934 and 1952. Although the Partido Auténtico had significant influence, it eventually became unpopular due to corruption scandals and, despite significant reforms, Fulgencio Batista returned to power after a coup d’etat.
The Cuban Revolution was the overthrow of Fulgencio Batista's regime by the 26th of July Movement and the establishment of a new Cuban government led by Fidel Castro in 1959.
Emilio Núñez Portuondo was a Cuban politician, lawyer, and diplomat. He was the 13th Prime Minister of Cuba in 1958. He received the National Order of the Legion of Honour of France among other decorations from many countries.
Dr. Carlos Márquez Sterling y Guiral was a Cuban lawyer, writer, politician and diplomat.
José Manuel de Cortina y García was a Cuban politician, lawyer and journalist.
General elections were held in Cuba on 3 November 1958. The three major presidential candidates were Carlos Márquez Sterling of the Partido del Pueblo Libre, Ramón Grau of the Partido Auténtico and Andrés Rivero Agüero of the Coalición Progresista Nacional. There was also a minor party candidate on the ballot, Alberto Salas Amaro for the Union Cubana party. Voter turnout was estimated at 50% of eligible voters. Although Andrés Rivero Agüero won the presidential election with 70% of the vote, he was unable to take office due to the Cuban Revolution. This was the last competitive election in Cuba; the 1940 Constitution of Cuba, the Congress and the Senate of the Cuban Republic were quickly dismantled shortly thereafter.
The 1957 Havana Presidential Palace attack was a failed assassination attempt on the life of President Fulgencio Batista at the Presidential Palace in Havana, Cuba. The attack began at around 3:30 pm on March 13, 1957, carried out by Menelao Mora, a group of members of the Partido Auténtico, and the student opposition group Directorio Revolucionario 13 de Marzo, but was unsuccessful in its goal of killing Batista. According to one of the group's founding members, Faure Chomón, they were following the golpe arriba strategy and sought to overthrow the government by killing Batista.
Declarar bajo formal promesa que el gobierno provisional celebrará elecciones generales para todos los cargos del Estado, las provincias y los municipios en el término de un año bajo la normas de la Constitución del 40 y el Código electoral del 43 y entregará el poder inmediatamente al candidato que resulte electo.