Spanish Constitution of 1978: Rights, Principles, and Structure
The Constitution of 1978
It was passed by Parliament on October 31, 1978, adopted by national referendum on December 6, and sanctioned by the King on December 27. It was published in the Official Gazette on December 29 and entered into force on that date.
Structure and Content
It consists of a preamble and is divided into a dogmatic part (which includes the Preliminary Title and Title I) and an organic part (covering Titles II to X).
- Title I: Fundamental Rights and Duties of the Spanish.
- Title II: On the Crown.
- Title III: Of the Parliament.
- Title IV: Government and Administration.
- Title V: Relations between the Government and Parliament.
- Title VI: Judicial Power.
- Title VII: Economics and Finance.
- Title VIII: Territorial Organization of the State.
- Title IX: The Constitutional Tribunal.
- Title X: Constitutional Reform.
It also contains four additional provisions, nine transitional provisions, a repealing provision, and a final provision. The Constitution has been amended twice:
- August 27, 1992 => Foreign suffrage in municipal elections (Article 13).
- November 27, 1995 => Abolition of the death penalty in times of war (Article 15).
General Principles
Spain becomes a social and democratic state of law (Article 1.1). The government cannot act in any way, but according to the Constitution and other laws. If they do so, the Court should require them to abide by laws, especially the Constitutional Court. Citizens participate in politics by electing their representatives. Social rights are recognized for all citizens. National sovereignty resides in the people (Article 1.2). The people have the ultimate power of the state but do not participate directly in government, but through representatives chosen each time. The political form of the Spanish State is the parliamentary monarchy (Article 1.3). The king is the head of state but does not govern; it is Parliament that appoints the prime minister. The indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, is recognized (Section 2). Spain’s unity is recognized, i.e., it is impossible for a Spanish territory to be separated from Spain. As a nation, it has one flag and one language throughout the State: Castilian, while all other languages are also official in their respective regions.
Fundamental Rights and Duties of the Spanish
Title I of the Constitution consists of 46 articles classified under Civil Rights, Social Rights, and Political Rights.
The Constitution addresses the fundamental rights and duties of the Spanish, particularly in Title I, Chapters:
- Second: Rights and Freedoms.
- Third: The Guiding Principles of Social and Economic Policy.
- Fourth: Guarantees of Fundamental Rights and Freedoms.
- Fifth: Suspension of Rights and Freedoms.
Article 10 states, as a general principle, that “the dignity, the inviolable rights which are inherent, the free development of personality, respect for law and rights of others are fundamental to political order and social peace.”
Article 14, on the principle of equality, provides that the Spanish people are equal before the law without any discrimination on grounds of birth, race, sex, religion, opinion, or any other personal or social condition or circumstance.