The 1978 Constitution and Spain’s Democratic Transition
Membership Ended 24: The Transition to Democracy and the Constitution of 1978
The political transition refers to the process of dismantling the Franco dictatorship, culminating in the establishment of a democratic regime in Spain.
On November 22, 1975, Juan Carlos I was appointed as Head of State, with the title of King. Arias Navarro was confirmed as Prime Minister and proceeded to form a new cabinet. However, the new government was unable to carry out any significant democratic reform.
The Democratic Opposition Takes the Initiative
In this situation, the democratic opposition took the political initiative to promote political mobilization, advocating for democracy.
- The first body with a presence in Spain was the Democratic Board, whose nucleus was the Communist Party.
- The Democratic Platform, formed around the PSOE, was another political body.
- After Franco’s death, the union of these two alliances gave birth to Democratic Coordination.
Along with the political opposition, popular mobilizations, such as strikes and demonstrations, led by anti-Francoist political forces, played a crucial role in those years. The mobilizations had two aspects: labor and politics.
Key Political Demands and Labor Disputes
One of the most important political demands was the issue of Franco’s political prisoners. In the summer of 1976, a reform of the Penal Code was drafted, and in September, it allowed a first amnesty for prisoners convicted of crimes of opinion.
Labor disputes also had political content at that time. This was evident in some general strikes in Catalonia, the Basque Country, and Madrid. Particularly serious were the events of the general strike in Vitoria, which resulted in five deaths.
Another serious case was the events in the Navarrese town of Montejurra, where Francoist and democratic factions of the Carlist party clashed, resulting in two deaths.
The Path to Political Reform
Faced with this situation, some of Franco’s heirs, the so-called “immovables,” did not accept any idea other than police repression. However, the reformist sector of Francoism, with the approval of the monarchy itself, strove to move the government towards change. The reformist project defended change from existing laws and without rupture.
In June 1976, Arias Navarro was forced to resign, largely due to the monarch’s will to encourage the political democratization of Spain. He was replaced by a young politician from the reformist wing of the Movement, Adolfo Suárez. Suárez initiated a new style of politics, which led him to formalize contacts with the democratic opposition. He proposed a bold project called the Political Reform Act (LRP), adopted in November 1976 by the Francoist Cortes themselves.
The Political Reform Act and its Aftermath
The Political Reform Act was a short text that proclaimed democracy as the political organization of the State, affirmed Spanish popular sovereignty, foresaw the transformation of the Francoist Cortes into a Congress of Deputies and a Senate elected by universal suffrage, and initiated the dismantling of the dictatorship.
The procedure for this law was complex, full of negotiations with the “families” to isolate the Francoist hard core (the “bunker”).
However, the presence of Franco’s forces in the government did not satisfy the opposition, which campaigned for abstention. Abstention reached only 22.6% of the electorate. This result in the referendum showed the opposition that the government was unable to maintain the initiative, forcing the opposition to rethink its political strategy.
Legalization of Political Parties and the PCE
Since early 1977, there was a progressive legalization of political parties and labor unions, and Francoist organizations were dismantled. This provoked ultra-violent actions, such as the murders of labor lawyers associated with the PCE in Madrid (January 1977). Meanwhile, ETA’s terrorist activity increased tension on the streets.
The legitimacy of future elections and democracy depended on the political participation of all political forces. The big problem was legalizing the Communist Party (PCE). Finally, the PCE was legalized in April 1977.