The 1978 Spanish Constitution: A Foundation for Democracy
Spanish Constitution (Adopted by the Court on October 31, 1978)
Introduction
This is a selection of 6 of the 169 articles that comprise the Constitution of 1978, a legal-historical text of a political nature. Spanish democracy is defined by it. Its development was after the 1977 general elections, the first task the UCD government headed by Adolfo Suarez had to deal with as the newly elected Congress. After much-debated sessions in the Courts, the Constitution was approved in a national referendum on December 6, 1978, with 88% of the votes cast (67% of eligible voters).
Analysis (Main Idea)
The selected articles enshrine the basic principles of a democratic state of law based on national sovereignty, political pluralism, and respect for regional autonomy within the unity of Spain.
The Constitution of 1978 and the State of the Regions
Through the development of the constitutional text, a new democratic state is established in Spain, replacing the old political structures built on Francoism. The new constitution (freedom, justice, political pluralism, and equality before the law) defines Spain as a “social and democratic state of law.” It also ensures the participation of citizens in policy decisions through freely elected representatives. Finally, it states the obligation of the state to promote the welfare of all citizens in dignified conditions.
The Spanish Constitution of 1978
A feature of the Spanish Constitution is having undergone a long and complicated process. This is significant given the differences between different political forces and the will to overcome them. At first, the opposition rejected the creation of a committee of experts for drafting the text, and the committee was replaced by a 7-person group, of which 3 belonged to the ruling party and 4 to the opposition. In May 1978, the design phase was completed, and the issue had to be treated by the Constitutional Commission of Congress. There were extensive discussions, but the most difficult issues were resolved outside the Commission without publicity and in terms that left ample room for ambiguity.
In July 1978, the Constitution was adopted at the Congress of Deputies, obtaining the vast majority of the chamber. Only the extreme left, the Basque nationalists, and some members left, such as an entire sector of Alianza Popular, voted against it in the Senate. There was an attempt, through the intervention of Fernando Abril Martorell, for Basque nationalists to accept the text by including a reference to the historical liberties of the Basque Country. However, this attempt eventually failed due to the unacceptable requirements of the PNV.
In October 1978, as planned in the Political Reform Act, the Parliament met in a plenary session of Congress and the Senate to vote on the constitutional text. On December 6, the new constitution was submitted to a referendum, and the number of affirmative votes was much higher than negative votes.
Spanish constitutional texts have been numerous in the past and have been characterized by their processing speed and partisanship in relation to the content. The 1978 Constitution can be considered characterized by a “multilateral consensus,” that is, an overall agreement within the existing disputes between the various key political groups.
The system of liberties of the Spanish Constitution of 1978 is protected by the Constitutional Court, the Judiciary, and the Ombudsman. The Spanish Constitution is a rigid constitution, not easily modified. It consists of 11 titles and 169 articles.
Fundamental Rights and Institutions
In Title 1, we find full recognition of individual rights and freedoms: the right to life, education, social security, etc. The figure of the Ombudsman is created, whose task is to collect citizens’ complaints.
The fundamental institutions that appear in the constitutional text are enshrined in the Crown, the Courts, the Government, the Constitutional Court, and the Judiciary.
- The King assumes the Head of State, a lifelong responsibility, and the crown of the monarch is hereditary. The main 3 attributions consist of representing the nation, the sanction of laws, and Supreme Commander of the Armed Forces.
- The Courts (Congress of Deputies and Senate) have several essential functions: making laws, government control, the approval of the annual financial budget, and the authorization of international treaties. Both chambers are representative, and their members are elected by direct universal suffrage and secret ballot.
- The Government comprises the President and ministers engaged in the executive function and the direction of external and internal politics.
- The Constitutional Court controls all rules and laws, and also resolves potential conflicts between the central government and the Autonomous Communities. This institution is formed by 12 members: 4 from Congress, 4 from the Senate, 2 from the Government, and 2 from the Supreme Judicial Council.
Territorial Organization of the State: Autonomous Communities
Title 8 of the Constitution came to regulate all matters relating to the territorial organization of the state and would satisfy all regional and national aspirations of Spanish territory since the claim of historical rights of Basque nationalism and the demands of Catalan nationalism. The way to satisfy Catalonia, the Basque Country, and Galicia was the use of the term “nationality” to refer to them. This expression was seriously considered as an attempted threat to national unity.
With the new model of state organization, multiple power centers appeared in the Spanish territory, as the constitution declares that Spain is composed of various nationalities and regions with the ability to make policy decisions. The autonomous regions are provinces or groups of provinces that access self-government, assuming certain functions and skills through the approval of their respective statutes.
The central government reserves exclusive competence over international relations, defense, the Armed Forces, the monetary system, and the Treasury. On the other hand, autonomy may assume from the outset the subject of urban design, culture, tourism, education, etc. The autonomous regions have their own economic resources to manage them freely, and they are financed by taxes delegated by the State. To safeguard the principle of solidarity between the different autonomous regions, the Constitution establishes a compensation fund intended to redress economic imbalances between distant regional communities.