Spain’s Path to Democracy: From Franco to the 1978 Constitution
Spain’s Transition to Democracy: From Franco to the 1978 Constitution
Between the death of Franco on November 20, 1975, and the adoption of the Constitution of 1978, Spain underwent three years of political reforms against the backdrop of an economic crisis.
The King, at first, advanced cautiously. A large part of society and the political class wanted change, but the most immobile sector, known as “the bunker,” opposed any action that would endanger the regime.
The first government was headed by Arias Navarro and included a large number of hard-line elements, although there were also men committed to change: Manuel Fraga, Areilza, and Antonio Garrigues. His first act was to appoint Torcuato Fernández Miranda as President of the Cortes.
On the other hand, the democratic opposition (socialists, communists, nationalists, and democrats), inside and outside Spain, called for political amnesty, the legalization of all political parties and unions, and free and fair elections.
Due to Arias’s inability to negotiate with both the bunker and the opposition, the King forced his resignation in July 1976 and appointed Adolfo Suárez as Prime Minister. Suárez formed a government with members of the most progressive sectors of the regime and immediately initiated the process of democratic transition.
Suárez had contacts with opposition leaders such as Felipe González (PSOE) and Santiago Carrillo (PCE) to convince them of the need for a peaceful transition.
In September 1976, Suárez submitted his Political Reform Project to a group of senior military officials and asked for their patriotic support, which he achieved through the military’s support for the King. The Political Reform Bill was discussed in Parliament and approved with little opposition. Suárez called for a referendum on December 15, 1976, and the project was approved by 94% of the Spanish people.
While the progress of democratization accelerated, the voltage was increased by the actions of violent groups. A terrorist group, the GRAPO, launched a campaign of bombings and kidnappings. On January 24, 1977, right-wing terrorists killed five communist labor lawyers on Atocha Street. The show of force and discipline of the PCE impressed much of Spanish society, and people began to lose their fear of the legalization of the PCE.
In February, the process of legalizing political parties began. Suárez met with Carrillo. In exchange for legalization, Carrillo agreed to recognize the monarchy and offered his cooperation. On April 9, when most of the political and military elite were out of Madrid for the Easter holidays, Suárez announced the legalization of the PCE.
In the elections held on June 15, 1977, the party created by Adolfo Suárez, the UCD (Unión de Centro Democrático), won a majority. The Socialists and Communists also obtained many votes, and to a lesser extent, the Catalan and Basque nationalists and Fraga’s Popular Alliance.
The 1978 Constitution
Once drafted, the 1978 Constitution was adopted by referendum on December 6 of that year, with 88% of the votes in favor.
The Constitution stipulates that the political system of the State is a parliamentary monarchy, that sovereignty resides in the people, and that the three powers are clearly separated:
- The executive power is in the hands of the Prime Minister, elected by the Congress of Deputies. The Prime Minister chooses his ministers.
- The legislative power is in the hands of a bicameral Cortes: the Congress of Deputies, which has most of the powers, and the Senate, a chamber of territorial representation with less power. Both houses are elected by universal suffrage (over 18 years of age).
- The judicial power is composed of judges. The highest court is the Supreme Court, and the Constitutional Court handles constitutional matters.
The Bill of Rights includes all rights and freedoms for the equalization of the Spanish and the development of a welfare state:
- Freedom of expression in all its aspects (press, opinion, professorship, education), association (union and political), protest and strike, and conscience, declaring Spain a non-confessional state.
- Equality before the law, without any differentiation based on sex, age, religion, origin, etc. Thus, the State must promote equality among citizens through the development of laws that promote social and economic progress (right to education, work, culture, and sport; the maintenance of social security and public health protection; preferential attention to the disabled and the elderly).
- Other items include the right to life (abolition of the death penalty) and the state’s duty to protect the environment and artistic heritage.
But the most novel feature is that relating to the decentralization of the state, as it establishes (eighth title) that Spain is organized territorially into municipalities, provinces, and autonomous regions.