Spain’s Constitution of 1978: Autonomy and Principles
The Pre-Autonomous Process
Given the desire for self-government of Basques and Catalans, dramatically demonstrated on September 11th when a million and a half Catalans marched for autonomy in Barcelona, the government began the pre-autonomic process before the adoption of the constitution.
Prime Minister Adolfo Suárez chose the formal restoration of the Generalitat in September 1977. In the Basque Country, in December of that year, he established the General Basque Council as a pre-autonomy regime for the region. In early 1978, Catalonia and the Basque Country were pre-autonomous regions. Between April and October 1978, pre-autonomous agencies were created by decree-law for the government of Galicia, Asturias, Castilla-León, Aragón, Castilla-La Mancha, Valencia, Extremadura, Andalusia, Murcia, the Balearic and Canary Islands.
Given the demands of Catalan and Basque autonomy, and to a lesser extent Galician, the UCD government decided to boost the generalization of the principle of regional autonomy. It was colloquially called “one size fits all” and foreshadowed the constitutional future of the territorial structure of Spain.
Contents of the Constitution
The preliminary title contained the fundamental principles of the Constitution:
- It defines Spain as a social and democratic state of law.
- It proclaims that national sovereignty resides in the people.
- It defines the political form of state as a parliamentary monarchy.
Article 2 supports the unity of the nation with the right to autonomy of nationalities and regions. This is one of the great innovations of the Constitution.
Title I is the largest of the Constitution and contains the rights, freedoms, and duties of the Spanish people.
It lists individual rights such as the right to life, physical integrity, freedom of ideology, religion and worship, freedom of expression, education, etc. Furthermore, some social rights are included, such as family protection, the right to a decent home, to enjoy the environment, the right to work, to the protection of health, etc.
The only modification made to the Constitution until 2006 was in 1992 to grant the right to vote in municipal elections to European Union citizens living in Spain. This modification was necessary after Spain’s ratification of the Treaty on European Union.
In regard to the Crown, the constitution states that the King is the Head of State and lays down its functions, powers, and prerogatives. Its power is formal.
The Constitution establishes the separation of powers and organizes the powers of state:
- Courts consist of two chambers: the Congress of Deputies and the Senate. Both are elected by universal suffrage and exercise legislative power.
- The Government, which exercises executive power, heads the domestic and foreign policy of Spain. It also has legislative power in that it may present draft laws to Parliament and develop regulations for adopted laws. The Prime Minister is vested by the legislature.
- Judges and magistrates exercise judicial power. A Constitutional Court is established, whose function is to prevent any violation of the Constitution and monitor that there are no laws that contradict the Constitution. It is also the highest body responsible for protecting rights and freedoms.
Establishment of Autonomous Communities
Title VIII of the 1978 Constitution sought to address one of the historical problems of Spain, joining the state’s unity with the diversity of regions and nationalities that comprise it.
Legal channels were established for territories that wanted, and that met certain requirements, to be set up in self-government.
The Autonomous Communities that would be constituted would have a Statute of Autonomy, which would incorporate the responsibilities assumed. The Statute of Autonomy must be approved by Parliament.
Following the adoption of the Constitution, the current autonomous communities were formed in the period 1979-1983. Spain was formed by 17 communities and two autonomous cities (Ceuta and Melilla, formed in 1995). Each of these communities has a Legislative Assembly and a government of their own.
The Constitution also establishes the principle of solidarity and economic balance between the different parts of Spanish territory.