1940 Constitution of Cuba
The Cuban Constitution of 1940 was passed during the presidency of Federico Laredo Brú. She was influenced by those collectivist ideas that also inspired the Cuban revolution of 1933. She was widely recognized as one of the most progressive constitutions of that time. They called for land reform, compulsory education, minimum wage, and many other leftist ideas. It consisted of 286 articles in 19 sections and took six months to complete.
The constitution of 1940 certain ( a) the election as a legal, duty and purpose of the people, approved ( b) the ( republican, democratic and representative ) government formed, confirmed ( c ) the individual rights such as the right to private property and led ( d) the concept of societal rights.
While there was with the 1940 Constitution continues the three-part structure of the government, but with some obvious differences: Firstly, the function of prime minister was introduced, the executive branch was transformed into a semi- parliamentary form, which meant that half of the ministers be Congressman simultaneously could and also the composition of the Congress was amended that now came each province to each 35,000 inhabitants costs, plus an additional at a residual of 17,500 or more, a congressman and nine senators.
The 1940 Constitution defines the power and independence of the judiciary. The judiciary remained autonomous and got the right judges and prosecutors appointed. As defined in the Constitution of 1901 and it is for example also written in the U.S. Constitution, the judges of the Supreme Court are appointed by the President and confirmed by the Senate. In addition, the 1940 Constitution, a constitutional court installed " court on constitutional and social guarantees of Cuba " (Spanish: Tribunal de Garantías Constitucionales y Sociales de Cuba ) under the jurisdiction of the Supreme Court. The Constitutional Court was competent to deal with complaints relating to matters of labor and constitutional rights and to determine appeals against their violation.
The 1940 Constitution abolished the provincial governments. The Provincial Councils survived, but now consisted of the mayors of the province belonging to the respective Municipalities. The provincial governor had not the right to depose the mayor, the administrations of Municipalities was instead opens up the possibility to levy local taxes. Public budgets and expenditure at all levels have been placed under the authority of the newly created Court of Public Administration. Even a court of Public Works was created.
The clause amending the Constitution was formulated quite rigid: In Section XIX, Article 285 (ab) was specified that only a Constituent Assembly could change the text of the Constitution. However, the Congress had the right to make minor amendments to the constitution document. However, this was subject to the following conditions: ( a) an appropriate quorum, (b) a 2/3-majority and ( c) confirmation on two consecutive meetings of the Constituent Assembly ( "doble consideración "). Furthermore, it was Cuba's 1940 Constitution be amended by referendum.
One of the most notable changes in the constitution of 1940 over that of 1901 was the addition of articles that constitutional protection in terms of family, culture, property and labor controls. Without existing constitutional traditions in terms of social rights to fathers of the Constitution ideas in Germany and Spain Weimar Constitution Constitution of the Second Republic brought. She was only 12 years inventory.
After Batista's coup in 1952 parts of the constitution were suspended. Before the triumph of the Cuban Revolution Fidel Castro promised along with other revolutionaries in the Manifesto of the Sierra Maestra, that it was their main goal, from 1940 to manufacture the Constitution again. However, they broke their promise when they were in power.
The signatories of the Constitution
The Constitution signed by the following persons:
- Carlos Márquez Sterling y Guiral, President of the Constituent Assembly
- Alberto Boada Miguel, Secretary of the Constituent Assembly
- Emilio Núñez Portuondo, Secretary of the Constituent Assembly
- Salvador Acosta Casares
- Francisco Álvarez de la Campa y Alomí
- Rafael Álvarez González
- José R. Martínez Andréu
- Manuel González Benítez
- Antonio Bravo Acosta
- Antonio Bravo Correoso
- Fernando del Busto Martínez
- Juan Cabrera Hernández
- Miguel Calvo Tarafa
- Ramiro Capablanca gray Pera
- José Manuel Casanova Divino
- César Rodríguez Casas
- Romárico Cordero Garcés
- Ramón García Corona
- Felipe y del Risco Correoso
- José Manuel Cortina García
- Miguel Coyula Llaguno
- Pelayo Cuervo Navarro
- Eduardo Rivas Chibás
- Francisco Dellundé Mustelier
- Mario E. Dihigo
- Don Arturo Rodríguez
- Manuel Dorta Duque
- Nicolás Duarte Cajides
- Mariano Esteva Lora
- José A. Fernández de Castro
- Orestes Ferrara Marino
- Simeón Martínez Ferro
- Manuel Suárez Fuego
- Adriano Galano Sánchez
- Salvador García Agüero
- Félix García Rodríguez
- Quintin Jorge Vernot
- Ramón Fernández Granda
- Ramón Grau San Martín
- Rafael guas Iclán
- Alieda Hernández de la Barca
- Alfredo Suárez Hornedo
- Francisco Macías Ichazo
- Felipe Jay Raoulx
- Emilio A. Laurent Dubet
- Amaranto Negrón López
- Jorge Manach Robato
- Juan Marinello Vidaurreta
- Antonio Martinez Fraga
- Joaquín Martínez Sáenz
- Jorge A. Silveira Mendigutía
- Manuel Medina Mesa
- Meso Joaquín Quesada
- Gustavo Moreno Lastres
- Eusebio Mujal Barniol
- Delio Nunez Mesa
- Emilio Ochoa Ochoa
- Manuel A. Orizondo Caraballe
- Manuel Parrado Rodés
- Juan B. Pons Jané
- Francisco José Prieto Llera
- Carlos Prio Socarrás
- Santiago Rey Perna
- Mario Robau Cartaya
- Blas Roca Calderio
- Primitivo Rodríguez Rodríguez
- Esperanza Sánchez Mastrapa
- Alberto Silva Quiñones.
- César Aguilar Vilar
- Fernando del Villar de los Ríos
- María Esther Villoch Leyva