Spain’s Transition to Democracy
Transition Politics
After Franco’s Death
After Franco’s death, Juan Carlos was proclaimed King Juan Carlos I. Spain entered a period of transition from dictatorship to democracy. Differences between the “bunker” (hard-line Francoists) and the “aperturistas” (reformists) grew. Key figures among the aperturistas included Fraga and Adolfo Suárez. The liberal right-wing groups, rallying around figures like Gil Robles and Jiménez Ruiz, were weak and favored a monarchy under Juan Carlos I. Among the nationalists, a new party emerged: the Democratic Convergence of Catalonia, led by Jordi Pujol. In the Basque Country, the PNV, while officially against terrorism, tolerated the actions of ETA. On the left, the PCE, led by Santiago Carrillo, was the most organized party, though still underground. The PSOE favored a socialist democracy, not a republic. Another socialist party, the PSP, was led by Enrique Tierno Galván. The CCOO was the principal trade union, with the UGT beginning to organize, and the CNT less prominent.
The Monarchy of Juan Carlos I
The early days of Juan Carlos I’s monarchy were uncertain. Many expected him to continue Franco’s policies. However, the King surrounded himself with political advisors who sought to create a new political system. Torcuato Fernández Miranda implemented changes toward democracy. The King initially kept Arias Navarro as Prime Minister, but his government failed due to resistance to reforms. In 1976, numerous strikes led to Arias Navarro’s dismissal in July. The new Prime Minister, Adolfo Suárez, was not initially well-received by democrats, as his government was primarily composed of aperturistas. In September, Suárez presented the draft Law for Political Reform. This law outlined the process for ending the Franco regime legally. Suárez also initiated contact with the democratic opposition. Meanwhile, ETA bombings increased, and the threat of a military coup loomed. Suárez appointed Lieutenant General Gutiérrez Mellado as Minister of Defense, a key figure in preventing a coup. Despite opposition, the courts approved the Law for Political Reform. The PSOE welcomed its first congress. Santiago Carrillo gave a press conference demanding the legalization of the PCE. In December, a referendum saw 94% of the 76% of Spaniards who voted approve the political reform. The opposition, initially distrustful of Suárez, began to accept the possibility of a democratic transition.
A Year of Turmoil and Progress
In 1977, extreme right-wing groups (like the Guerrilleros de Cristo Rey) attempted a coup. GRAPO and ETA attacked the army and police, increasing the possibility of a coup d’état. In late January, a student was killed in a pro-amnesty demonstration, and the Supreme Council of Military Justice was kidnapped. The killing of five labor lawyers by far-right extremists led to large demonstrations in Madrid, showing popular support for peaceful democratic change. Following these demonstrations, Suárez accelerated the transition to democracy. The PCE was legalized in April, and an amnesty for political prisoners from the Second Republic was granted. Suárez then called for constitutional elections.
The 1977 Elections and the Constitution
The UCD, a coalition of aperturistas and moderate elements of the former democratic opposition (including PSOE and Republican Left), won the 1977 elections with 34% of the vote. The PSOE came second with 30%, followed by the PCE (4.9%) and the AP led by Fraga (8%). CiU and PNV became major regional parties. The government then focused on two objectives: developing a democratic constitution and ending ETA terrorism. A constitutional commission was formed, comprising seven deputies representing all political tendencies in parliament (three from UCD, one each from PSOE, PCE, a Catalan nationalist party, and AP). The PNV did not participate. The commission aimed to create a constitution representing all political aspirations, not just one party’s. After debate in Congress and the Senate, the final text was approved with an absolute majority of 316 votes. On December 6, 1978, the constitution was approved in a referendum by 88% of voters.
Characteristics of the Constitution:
- Defined Spain as a social and democratic state of law.
- Proclaimed national sovereignty and defined the state as a parliamentary monarchy.
- Established the unity of the nation while supporting the right to autonomy (Article 2).
- Recognized rights and freedoms (education, expression, work, housing, etc.).
- Defined the King as head of state and the military, signing all laws and proposing the Prime Minister.
Separation of Powers:
- Legislative: Courts (Congress and Senate) elected by universal suffrage.
- Executive: Government directs domestic and foreign policy, presents bills to the courts, and is formed by the Prime Minister and ministers.
- Judicial: Judges and the Constitutional Court, which prevents violations of the constitution.
Autonomy and Regional Diversity
Title Eight of the constitution addressed the unity of Spain and the diversity of its regions and nationalities. In September 1977, demonstrations in Barcelona and the Basque Country called for self-government. Suárez restored the Generalitat of Catalonia and established the Basque General Council. In 1978, pre-autonomous bodies were created for other regions. The constitution established legal channels for territories meeting certain requirements to become autonomous communities. These communities have autonomy statutes defining their powers, which must be approved by the courts. Between 1979 and 1983, autonomy statutes were approved for 17 regions and two autonomous cities, each with its own legislative assembly and government.