Spanish Constitution of 1978: Genesis and Key Features
The Spanish Constitution of 1978
The Spanish Constitution, adopted by referendum on December 6th and promulgated on December 29th, 1978, is a foundational text framed during Spain’s historical transition from dictatorship to a democratic, parliamentary monarchy. It was developed by representatives of various political parties represented in the Constituent Assembly formed for this purpose and is addressed to the Spanish nation, ensuring its public dissemination.
Creation of a New Democratic State
This Constitution is the cornerstone law that enabled the creation of a new democratic state and designed the Spain of Autonomous Regions. Its publication falls within the historical context known as the Democratic Transition, a period of restoration of democratic institutions in Spain between 1975 and 1982.
The Democratic Transition (1975-1982)
The Transition began with the death of Franco in 1975 and the proclamation of King Juan Carlos I as Head of State. It possessed several pre-existing characteristics:
- It was a controlled evolution from Franco’s regime to democracy; therefore, there was no clear break between the two systems.
- It is considered an example of change and maturity achieved by Spanish society in the 1970s.
- It resulted from an agreement or consensus among certain leaders and the opposition to Franco. This facilitated their integration into the system in exchange for the removal of some of the most radical aspects of their programs, such as the independence sought by Basque and Catalan nationalists.
- It responded to pressure and popular mobilization, which decisively influenced the occurrence of changes.
Following the formation of the Suárez government, the Political Reform Act was adopted, establishing a new bicameral Cortes (Congress and Senate). This was approved in November 1976 and by referendum a month later. On June 15th, 1977, the first democratic elections since 1936 were held. The winner was Suárez’s UCD (Union of the Democratic Centre).
Authors and Structure of the Constitution
The authors of the draft constitution were Miguel Herrero de Mignon, Gabriel Cisneros, José Pedro Pérez-Llorca (UCD), Gregorio Peces Barba (PSOE), Jordi Solé Tura (PCE), Manuel Fraga (AP), and Miquel Roca (representing Catalan nationalists). This is one of the longest constitutional texts in Spanish history, comprising 169 articles. It was modeled after the 1931 Constitution and other European constitutions, including that of the Federal Republic of Germany. It is not a partisan Constitution, as it was the result of broad political consensus between the Left and Right.
Key Principles of the Constitution
The Constitution contains the following principles:
- Spain is a democratic state.
- Sovereignty fundamentally rests on the nation.
- The state form is a parliamentary monarchy.
- Spain’s unity is compatible with national plurality, as the Spanish state is neither unitary nor federal but *autonómico*.
The King is Head of State, approves and promulgates laws, dissolves the Cortes, calls elections, and is Supreme Chief of the Armed Forces. Legislative power is vested in two chambers elected by universal suffrage: the Congress of Deputies and the Senate. The former has greater authority, while the latter is limited to endorsing legislation. Executive power is vested in the Government, which directs domestic and foreign policy and depends on the confidence of the legislature for its permanence. Judicial power is vested in the courts.
Rights, Freedoms, and the Autonomous State
The Constitution includes a declaration of advanced rights and freedoms, and, as a novelty compared to earlier texts, includes many current social and economic rights. In denominational terms, the state is declared secular, guaranteeing freedom of worship.
The Autonomous State: The Constitution acknowledges inequalities between regions, distinguishing historical nationalities from other regions, and establishes two paths for autonomy:
- Article 151 (fast track): Allows access to the highest level of competence, designed for historical nationalities and Andalusia.
- Article 143 (slow lane): For other regions, which could assume all responsibilities within five years.
Between 1979 and 1983, the process of creating the seventeen autonomous communities took place.