The 1978 Constitution and the Birth of Modern Spain
Spain’s Transition to Democracy: From Franco to 1978 Constitution
The Death of Franco and the Dawn of Reform
On November 20, 1975, Franco died, and Prince Juan Carlos was sworn in as King two days later. The government, chaired by Carlos Arias Navarro, saw significant changes with the inclusion of reformers like Fraga (Interior), Areilza (Foreign Affairs), and Garrigues (Justice). The 1973 oil crisis further fueled the desire for reform. The appointment of Torcuato Fernandez Miranda as president of Parliament was also crucial. Political reform began, but two forces accelerated the change: the growing demand for freedoms and the unified opposition, led by the Democratic Board and the PCE’s Democratic Convergence Platform. In April 1976, these groups merged into Democratic Coordination, also known as the “Platajunta.” They demanded the legalization of parties, amnesty, statutes of autonomy, political freedom, and elections for a Constituent Cortes. Demonstrations in major cities supported these demands, while the “bunker” (Franco’s remaining loyalists) resisted change.
The Suarez Government and Political Reform
Arias’s resignation in 1976 allowed King Juan Carlos to appoint Adolfo Suarez as prime minister. Suarez drafted the Political Reform Act, which recognized popular sovereignty, established courts with elected members, paved the way for a new constitution, and defended fundamental rights. The Act was approved by the Cortes and the Spanish people. Following legalization, political parties emerged, including Suarez’s Democratic Centre Union (UCD), Manuel Fraga’s Alianza Popular, Felipe Gonzalez’s Spanish Socialist Workers’ Party (PSOE), the Democratic Party of Catalonia, Ezquerra Republicana de Catalunya, and the Basque Nationalist Party. Suarez’s UCD won the subsequent elections.
The 1978 Constitution: A New Era for Spain
The Constitutional Affairs Committee of Congress drafted the new constitution. A group of seven members was appointed for this task. The resulting text established national sovereignty, accepted autonomy, abolished the death penalty, guaranteed classic freedoms, granted full amnesty, and ensured religious freedom. It established a separation of powers, with the legislature residing in a bicameral Parliament (Congress of Deputies and Senate), the executive in the government, and the judiciary in the judges and magistrates. The constitution was overwhelmingly approved by referendum on December 6, 1978.
Economic and Political Challenges
The Moncloa Pacts addressed economic challenges stemming from recession, lack of investment, and rising oil prices. They also focused on legal and political actions to guarantee freedom of expression, assembly, and association. The establishment of the autonomous state in Catalonia and the Basque Country was linked to the transition to democracy. Suarez initiated the pre-autonomous process and decentralization. Following a demonstration in Barcelona on September 11, the Generalitat was restored in Catalonia, with Joseph Tarradellas as president. The Basque case was more complex due to ETA’s terrorism and the Basque Nationalist Party’s demands for Navarre’s incorporation into the Basque Country. The constitution’s Title VIII regulated regional organization, providing two autonomous paths: one for historical nationalities and another for other regions. The process was influenced by the LOAPA, which limited the powers of individual autonomies. Spain ultimately established 17 autonomous regions. The March 1979 elections yielded similar results to the previous ones, with Suarez forming a minority government. Early elections were called on April 3. The UCD won the most votes, but the PSOE gained control of major municipalities. The government faced serious problems, including the economic crisis, the autonomy process, and terrorism. The PSOE exploited this crisis to file a motion of censure against the government.
Coup Attempt and Entry into NATO
In early February, Suarez resigned. The UCD held a congress to choose his successor, selecting Vice President Leopoldo Calvo Sotelo. However, on February 23, 1981, a group of civil guards, led by Lt. Col. Antonio Tejero, stormed the Congress of Deputies in a coup attempt. King Juan Carlos intervened, ensuring the loyalty of military commanders, and the coup failed. Calvo Sotelo became prime minister but was unable to prevent the disintegration of the UCD, leading to new elections. One of his most controversial decisions was Spain’s entry into NATO in 1981.
The Socialist Government and Modernization
The new government, led by Felipe Gonzalez, focused on modernizing Spain and pursuing pragmatic policies aimed at occupying the political center.