Constitution of Cuba
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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.
Cuba's second constitution came into effect in 1934. This document was intended to be a provisional constitution.
In 1940, during the de facto presidency of Federico Laredo Brú, 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.
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 referendum on February 15, in which it was approved by 97.7% of voters. The document came into effect on February 24, 1976.
This constitution called for a centralized control of the market, and committed the State to providing its citizens with access to free education and health care. The state had the power to regulate the activities of religious institutions on the island, and the private ownership of media companies was forbidden.
In the late 1980s, as the Eastern Bloc 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.
- Nohlen, D (2005) Elections in the Americas: A data handbook, Volume I, p195 ISBN 978-0-19-928357-6
- Revista Bohemia (Havana), July 28, 1957, pp. 69, 96-99
- "Emilio Ochoa, signer of Cuba's 1940 constitution, dies at 99". Associated Press (International Herald Tribune). 2007-06-27. Retrieved 2008-04-19.
- Nohlen, p197
- Nohlen, p199
|Wikisource has original text related to this article:|
- Constitution of Cuba 2002 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 Rule of Law and Cuba, a webpage with links to the Cuban Penal Code and Cuban Constitution in Spanish with some translations to English by the Cuba Center for the Advancement of Human Rights at Florida State University in Tallahassee, Florida USA.