Constitution of Cuba
Encyclopedia
Since attaining its independence from Spain
, Cuba
has had five constitution
s. The current constitution was drafted in 1976 and has since been amended.
, which allowed the United States to intervene in Cuba's affairs to protect its independence.
The 1901 Constitution was indeed a carbon copy of the Constitution written at La Yara in 1896, and met with fierce opposition from its principal author Major General José Braulio Alemán
who strongly opposed the Platt Amendment.
It was Alemán's contention that Cuba should be and remain "Libre y Soberana", Free and Sovereign; and that the Platt Amendment just traded Spain's strong arm tactics on the island for the yoke of American imperialism.
, a constitution was created. It provided for land reform
, public education
, minimum wage
and other progressive
ideas. Some of its provisions were not implemented in practice. Following a coup d'etat
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 several documents, such as "History will absolve me
" (1952) , the "Manifiesto de la Sierra", etc. claimed that their chief goal was to reinstate the Constitution of 1940, a promise which was never honored after their victory.
The last surviving signer of the 1940 Constitution, Emilio Ochoa
, died in Miami, Florida
, on 27 June 2007.
on February 15, in which it was approved by 97.7% of voters. The document came into effect on February 24, 1976.
and health care
. It also required that parents, regardless of their own beliefs, inculcate their children with socialist values. The state had the power to regulate the activities of religious institutions on the island, and the private ownership of media companies was forbidden.
collapsed, the laws of Cuba changed again to respond to the new conditions of the Special Period
. The constitutional amendments of 1992 granted foreign corporations a limited right to own property
on the island if they took part in joint ventures with the government. It also provided for non-discrimination based on religious belief (i.e., allowing persons with religious belief to join the Communist Party of Cuba
).
In 2002, the Cuban Constitution was again amended to stipulate that its socialistic system was permanent and irrevocable.
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
has had five constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s. The current constitution was drafted in 1976 and has since been amended.
1901 Constitution
The 1901 Constitution was Cuba's first as an independent state. It contained the Platt AmendmentPlatt Amendment
The Platt Amendment of 1901 was a rider appended to the Army Appropriations Act presented to the U.S. Senate by Connecticut Republican Senator Orville H. Platt replacing the earlier Teller Amendment. Approved on May 22, 1903, it stipulated the conditions for the withdrawal of United States troops...
, which allowed the United States to intervene in Cuba's affairs to protect its independence.
The 1901 Constitution was indeed a carbon copy of the Constitution written at La Yara in 1896, and met with fierce opposition from its principal author Major General José Braulio Alemán
José Braulio Alemán
José Braulio Alemán was a Cuban Brigadier General in the Spanish-American War, promoted to Major General after the war....
who strongly opposed the Platt Amendment.
It was Alemán's contention that Cuba should be and remain "Libre y Soberana", Free and Sovereign; and that the Platt Amendment just traded Spain's strong arm tactics on the island for the yoke of American imperialism.
1934 Constitution
Cuba's second constitution came into effect in 1934. This document was intended to be a provisional constitution.1940 Constitution
In 1940, during the de facto presidency of Fulgencio BatistaFulgencio Batista
Fulgencio Batista y Zaldívar was the United States-aligned Cuban President, dictator and military leader who served as the leader of Cuba from 1933 to 1944 and from 1952 to 1959, before being overthrown as a result of the Cuban Revolution....
, a constitution was created. 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 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...
ideas. Some of its provisions were not implemented in practice. Following a coup d'etat
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
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 and the other revolutionaries, through several documents, such as "History will absolve me
History Will Absolve Me
"History Will Absolve Me" is the concluding sentence and subsequent title of a four-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 leading an attack on the Moncada Barracks...
" (1952) , the "Manifiesto de la Sierra", etc. claimed that their chief goal was to reinstate the Constitution of 1940, a promise which was never honored after their victory.
The last surviving signer of the 1940 Constitution, Emilio Ochoa
Emilio Ochoa
Emilio Ochoa was a Cuban politician and former Senator. He was believed to be the last living signatory of Cuba's 1940 Constitution at the time of his death in 2007....
, died in Miami, Florida
Miami, Florida
Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...
, on 27 June 2007.
1976 Constitution
After 16 years of extra-constitutional rule (1959–1975), used to consolidate its power, the revolutionary government of Cuba sought to institutionalize the revolution. The Socialist Constitution of 1976 was adopted by referendumCuban constitutional referendum, 1976
A constitutional referendum was held in Cuba on 15 February 1976. The new constitution was reportedly discussed at grass-roots level by 6,216,000 citizens, resulting in 60 of the 141 articles being modified. It was approved by 97.7% of voters with a turnout of 89.0%.-Results:...
on February 15, in which it was approved by 97.7% of voters. The document came into effect on February 24, 1976.
Original provisions
This constitution called for a centralized control of the market, and committed the State to providing its citizens with access to free educationFree education
Free education refers to education that is funded through taxation, or charitable organizations rather than tuition fees. Although primary school and other comprehensive or compulsory education is free in many countries, for example, all education is mostly free including...
and health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
. It also required that parents, regardless of their own beliefs, inculcate their children with socialist values. The state had the power to regulate the activities of religious institutions on the island, and the private ownership of media companies was forbidden.
Later amendments
In the late 1980s, as the Eastern BlocEastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
collapsed, the laws of Cuba changed again to respond to the new conditions of the Special Period
Special Period
The Special Period in Time of Peace in Cuba was an extended period of economic crisis that began in 1991 after the dissolution of the Soviet Union and, by extension, the Comecon. The economic depression of the Special Period was at its most severe in the early-to-mid 1990s before slightly declining...
. The constitutional amendments of 1992 granted foreign corporations a limited right to own property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
on the island if they took part in joint ventures with the government. It also provided for non-discrimination based on religious belief (i.e., allowing persons with religious belief to join the Communist Party of Cuba
Communist Party of Cuba
The Communist Party of Cuba is the governing political party in Cuba. It is a communist party of the Marxist-Leninist model. The Cuban constitution ascribes the role of the Party to be the "leading force of society and of the state"...
).
In 2002, the Cuban Constitution was again amended to stipulate that its socialistic system was permanent and irrevocable.
See also
- Cuban lawCuban LawThe substantive and procedural laws of Cuba were later based on the Spanish Civil laws and were influenced by the principles of Marxism-Leninism after that philosophy became the guiding force of government.- Principle of equality :...
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
External links
- Constitution of Cuba 1992 English language version
- Constitutions of Cuba Original Spanish language Text, by the Political Database of the Americas.
- CONSTITUCIÓN DE LA REPUBLICA DE CUBA Original Spanish language Text of 2002, by the Portal Cuba.
- REPUBLIC OF CUBA, 1940 Constitution in English translation from the original legal text.
- The Cuban Constitution of 1976, revised 1992