20th century law dictatorship

Abstract

The article deals with the formation of the dictatorship of General Maximiliano Hernández Martínez between 1931 and 1935 and its constitutional consecration in 1939, to which the title refers. To do this, it describes the impact that the Great Depression had on the Salvadoran economy, as well as the repercussions of the generalized crisis that the country experienced and that manifested itself in the reorganization of the State, the mobilization of rebel groups and, more importantly, the turn towards dictatorship as a political regime. It is suggested that the opposition between democracy and authoritarianism has summarized the political problems of the constitutional evolution of the twentieth century in El Salvador. From a historical approach, it states that the tension between these two poles created, on the one hand, the constitutional formality and, on the other, the reality of disrespect for the rights of citizens. Throughout the century, the relationship between the struggles for democracy, the validity of authoritarianism and constitutional production were decisive in three periods: 1939–1944; 1950–1962; 1983–1992. The first period was the splendor of the dictatorship; the second corresponded to the authoritarian validity. In the last one, in the middle of the war, the foundation of democracy was configured. This approach is part of the broader research project on "Salvadoran constitutional evolution in the 20th century", within the framework of the research agenda of the Evangelical University of El Salvador (UEES), in view of the celebration of the Bicentennial of El Salvador. Independence, 1821-2021.