The Law of defense of the Republic of October 21, 1931: Introduction to its political-legal context, to its related and brief comparative regulations with its German counterpart Gesetz zum Schutze der Republik

  • Alberto Oehling de los Reyes
DOI: https://doi.org/10.18543/ed-64(2)-2016pp127-155
Keywords: Second Spanish Republic, Constitution of 9 December 1931, Weimar Republic, public order, public security, validity and restrictions of the constitutional rights and freedoms

Abstract

In order to anayze the validity and effectiveness of the constitutional rights and freedoms in the Constitution of 9 th December 1931 and the Second Spanish Republic, should be considered the Act of the Republic´s Defense of 21 October 1931, but also should be considered other legislation about public order, that characterized its political-legal context. On the one hand, must be analyzed the adoption and validity in the Second Republic of the monarchy´s rules and the Primo de Rivera´s dictatorship. On the other hand, must be analyzed the level of delimitation of rights and freedoms delimitation, which resulted from the own legislation on security and order-public approved by the legislative in the Second Republic; for example, the Vagrancy Act of 4 august 1933 and the Public Order Act 1933. In addition, it has been included a short comparative with the Act on Protection of the Weimar Republic (Gesetz zum Schutze der Republik), that aldo we believe it may be particularly useful to contextualize and analyze in legal and political form the oportunity of the Act of the Republic´s Defense in the Second Spanish Republic and its possible excessive provisions. 

Published online: 29 December 2016

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Published
2016-12-29
How to Cite
Oehling de los Reyes, Alberto. 2016. “The Law of Defense of the Republic of October 21, 1931: Introduction to Its Political-Legal Context, to Its Related and Brief Comparative Regulations With Its German Counterpart Gesetz Zum Schutze Der Republik”. Estudios De Deusto 64 (2), 127-55. https://doi.org/10.18543/ed-64(2)-2016pp127-155.
Issue
Vol. 64 No. 2 (2016)
Section
Studies

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