1978 Spanish Constitution: Origins, Key Aspects, and Legacy
1978 Spanish Constitution: A Historical Overview
Following the elections on June 15, 1977, the political groups represented in the Congress appointed seven people to draft the Constitution. These members represented the PSOE, UCD, PCE, People’s Alliance, and minority groups from Catalonia and the PNV. The first draft was published in January, leading to a referendum on December 6, 1978, after which the Constitution was enacted by the King. In 1977, regional priority was not immediately apparent.
Creation of Regions
The creation of a new ministerial portfolio, called “for the Regions,” was assigned to Manuel Clavero. Furthermore, through executive orders, the Catalan Generalitat was restored (under Josep Tarradellas), and the General Basque Council was created.
Pre-Autonomous Regimes
By mid-1978, pre-autonomous regimes were approved in Galicia, Aragon, Valencia, Canary Islands, and Andalusia. Single-province autonomous communities were formed in Cantabria, La Rioja, Navarra, and Asturias. Additionally, the Balearic Islands were recognized for historical and geographical reasons.
Complexity of the Process
The complexity of the process is evident in discussions on the Regional Covenant and Title VIII of the Constitution.
Key Points of Contention
- Basque Provincial Rights: The reinstatement date of Basque provincial rights was a major point of contention for the PNV, leading them to initially reject the Constitution.
- Navarre’s Inclusion: Another point of discussion was the inclusion of the Autonomous Community of Navarre within the Basque Country. The Improvement of Navarre Jurisdiction ultimately recognized and strengthened Navarre’s identity.
Discussions on Terminology and Roadways
The discussions presented two fronts:
- Terminology: The name to be used for each unit: “nationalities” (as in Article 2) or “autonomous communities” (as in Title VIII).
- Roadways: Article 151 allowed for the acceleration of the devolution process (held in May 1979).
Autonomous Covenants
The understanding between the UCD and PSOE led to the signing of the Autonomous Covenants in July 1981 by González and Prime Minister Leopoldo Calvo Sotelo. These agreements formed the basis of LOAPA (Organic Law of the Autonomy Process Harmonization), setting a timetable for the adoption of statutes for the remaining thirteen autonomous communities.
Parliamentary Monarchy
The parliamentary monarchy is a political system where the king is the Head of State, under the control of the legislative (Parliament) and executive (Government) branches. The king’s approval is required for laws and decrees. Title II, Article 6 of the Constitution assigns powers such as convening and dissolving Parliament, proposing the candidate for Prime Minister, and commanding the Armed Forces. The king is not subject to liability because the Courts and Government endorse their acts.
Autonomous Communities
An autonomous region is a territorial entity within the constitutional system, equipped with autonomous legislative and executive powers. Article 148 of the Constitution stipulates the powers that can be undertaken by the Autonomous Communities, while Article 149 outlines those attributed to the State. Spain is divided into seventeen autonomous communities, plus Ceuta and Melilla, which have the status of autonomous cities. Navarra is designated as an “Autonomous Region.”
Principle of Solidarity
Interterritorial solidarity is a constitutional principle of the Spanish Autonomous State. Its most important expression is in the economic and financial realm, guaranteeing balance through the creation of a “compensation fund” as defined in Article 157.