GG New Constitution Project 1940

The photograph on top shows Dr. Gustavo Gutiérrez presiding over a meeting in the Capitol Building while he was Speaker of the House of Representatives between 1940 and 1941. This may well could have been a Congressional session discussing legislation for the new Constitution. The pages below the photograph were taken from the Hispanic American Historical Review, Vol. 23, No. 2, May, 1943, (pages 326 and 327), where Duvon C. Corbitt of Candler Colllege discusses the creation of the Cuban Constitution of 1940. He writes on page 326 that in 1940 Dr. Gustavo Gutiérrez published a book called "Project of the New Constitution for the Republic of Cuba." It was considered the guide or "starting point" used by the Constitutional Convention for the creation of the Cuban Constitution of 1940, considered one of the most advanced and progressive Constitutions of it's day. Mr. Corbitt writes, " Among the publications which influenced the constitution as finally adopted on July 1, 1940, was a Proyecto de la nueva constitución para la Republica de Cuba (Havana:1940) by Dr. Gustavo Gutierrez, then president of the House of Representatives. Since, by the law of 1935, that body was required to present such a plan as a basis for discussions in the anticipated constitutional convention, this was used as a starting point for the House."

On page 327 Corbitt states that, "although Dr. Gutierréz admires the constitution as a whole and especially the sections defining individual rights, he believes his own plan, as revised by the House of Representatives, more comprehensive and mature. He laments the careless and hasty drafting of some articles and technical errors in others, and Article 281 which allows the Congress, on advice of the Council of Ministers, to declare a state of emergency and assume almost unlimited power. That the judiciary is too nearly autonomous is a criticism which its history in Cuba hardly justifies. The short life of the new constitution has been sufficient to confirm Dr. Gutierrez's assertion that the attempt to introduce the semi-parlamentary system has resulted only in a modification of the presidential system."

In the blog entry mentioned below we learn that Dr. Gutierrez' "proyecto" received the honor (chosen by the Senate and later approved by the House of Representatives) of serving as the basis by which constituted "El proyecto de Reforma Integral de la Ley Constitucional vigente." For more information regarding Dr. Gutierrez's participation in the drafting of the Cuban constitution of 1940 please see blog entry "Proyecto Nueva Constitución, 1940. September, 2009, parts 1, 2 and 3.

In an article written by Perla Cartaya Cotta entitled, Carlos Marquez-Sterling y la Constitucion de 1940," in the online magazine Palabranueva.net, "Revista de la Arquidiosis de La Habana, October / 2009, No. 189, Ms. Cartaya Cotta states, "soon thereafter a bicameral commission was created composed of legislators from both the House and Senate. Dr. Gustavo Gutierrez Sanchez was chosen as it's advisor (or counsel). He was an eminent jurist (lawyer) and professor of International Public Law at the University of Havana, whose responsibility it was to draft the electoral law and the final project of the new Constitution."

In 1976 Carlos Marquez-Sterling wrote an article in honor of Gustavo Gutierrez in El Diario de las Americas where he states, " Gustavo had formed part of the Bicameral Commission which drafted the project of the Constitution and I can assure you that many of the institutions that later found expression in our original document were based on previous works created by Gustavo Gutierrez."

Dr. Gutiérrez also published in 1940 "Constitution of the Republic of Cuba promulgated the 5th of July, 1940. It's historical antecedents. It's spirit. Critical study regarding it's most fundamental principles" where he explains to us in the Spanish text from the first chapter, "Spirit of the Constitution:

Translation into English:

"Those of us that are not satisfied with a "liberal democratic" State along the lines of the old English school of thought and are also not satisfied with the "proletariat" State model introduced by the Soviet system, accept from the "individualist" State model, which the Marxist Socialists refer to in derogatory terms as a "Bourgeois" State, the need to protect individual liberty in order not to fall into slavery at the mercy of the Socialist model. We respect the existence of private property but not in the ancient Roman concept of law, where it's use and abuse benefitted the land owner exclusively, but rather for the social well being of all."

Incidentally, Gustavo Gutiérrez gave a speech in 1937 during the convocation of the recently reestablished Liberal Party where he introduced "La Nueva Ruta" (The New Route), the idea of moving Cuba's Liberal Party more towards Franklin Roosevelt's New Deal model. Please see blog entry December 2008 "La Ruta Nueva" in 4 parts.