The 1978 Spanish Constitution: Autonomy and Key Principles
The 1978 Constitution and the Rule of Autonomy
After the elections, the political groups represented in Congress chose seven members to write the first draft of the future constitution. This draft was discussed in the chamber, and a commission drafted the final text, which was submitted for final congressional approval. The text was ready to be put to a referendum on December 6, 1978, and was promulgated on December 27, marking the end of the transition.
Values of the Constitution
The core principles of the constitution are:
- Freedom: The primary principle, related to dignity.
- Justice: Administered on behalf of the King by tenured judges and magistrates.
- Equality: All Spaniards are equal before the law.
- Political Pluralism: Reflecting the diversity of people and activities.
Rights and Duties
Spain is established as a social and democratic state of law, meaning that political power must be exercised subject to the law.
Political Institutions and Processes
The constitution establishes mechanisms to resolve conflicts and ensures participation in democracy.
The Crown
The King is the head of state, a symbol of unity and permanence, who arbitrates and moderates the regular functioning of institutions. The King appoints the president and ministers, convenes and dissolves the Cortes (parliament), calls referendums, and sanctions and promulgates laws. Justice is administered on the King’s behalf, and the King exercises the right of pardon. The King commands the armed forces and assumes the highest representation in international relations, declaring war and peace.
Government
The government conducts foreign policy and home affairs, exercises executive power, directs the civil and military administration, declares a state of alarm and exception, and may issue decree-laws.
The Cortes Generales
The Cortes Generales (Parliament) represents the Spanish people. It has the power to refuse or grant its trust in the government. It is bicameral, and its functions include legislative power, controlling the government, and approving budgets.
The Judiciary
The judiciary is nested in courts, culminating in the Supreme Court and, further up, the Constitution. It governs itself through the General Council, composed of the Supreme Court president, members, and ten additional members.
Subdivisions of Spain: The Autonomous Communities
A new territorial organization divides Spain into municipalities, provinces, and Autonomous Communities. There are 17 Autonomous Communities, each having approved its Statute in the Cortes. Their organs of government include a legislative assembly and a government that may have various names.
The Community of Castilla y León
During the transition, regionalism resurfaced, originating in the 19th century and embodied in the Alliance of CyL. Gonzalo Martinez was at the forefront, and the Regional Institute castellanoleones was headed by Jose Luis Martin. The commoners and the Battle of Villalar were symbolic of this movement.
The Statute of the Autonomous Community of Castilla y León was adopted in February 1983, despite protests against León. Initially, there was talk of a region or a monstrous, poorly stitched entity, but it gradually improved. Elections were held in 1983, with the PSOE winning under Demetrio Madrid, followed by the PP with Juan Jose Lucas, and then the PP with Juan Vicente Herrera. The capital is Valladolid, and April 23 is the community’s date.
Currently, opposition groups like the Party of Union del Pueblo Leones claim responsibility for the separation of León.