The 1978 Spanish Constitution: Key Features and History
Spanish Constitution of 1978: A Comprehensive Analysis
The current Spanish Constitution was drafted during the transition period between the death of Franco in November 1975 and the establishment and consolidation of liberal democracy in Spain. The author is the Spanish Cortes, and it was ratified by King Juan Carlos. The constitution is long and detailed; it consists of 11 titles and 169 articles, with additional and transitional provisions.
Key Articles and Principles
- Article 1: Spain is a social and democratic state of law, national sovereignty belongs to the Spanish people, and the political system will be a parliamentary monarchy.
- Article 2: States the unity of the Spanish nation but recognizes the right of autonomy of different regions.
- Articles 66, 68, 117: Conform to the power division.
- Article 143: Recognizes the right of regions with common characteristics to form autonomous communities.
At the end appear two dispositions: One refers to the respect towards historical rights of foral territories, and the second declared null and void the October 1836 law and the 1879 law.
Transition from Dictatorship
Being a dictatorial regime, Franco had abolished the 1931 constitution and did not issue a new one. The regime institutionalized itself through the so-called Fundamental Laws. The transition really started when the Law of Political Reform was passed by the still-Francoist Cortes and approved in a popular referendum in 1976. This law gave way to the legalization of political parties and the summoning of general elections to the Cortes in June 1977. The main task of the resulting Cortes was the drafting of the constitution.
Drafting Process and Challenges
The writing of the constitution was a long and arduous task. It was approved after 16 months of discussion. Spain has a long history of failed constitutions, and the writers of this constitution wanted to devise a document that would be acceptable to the majority of political forces and gain widespread support. All political parties in the Cortes approved the constitution, but the PNV-EAJ abstained as they considered Basque historical rights weren’t respected in the constitution. 67.6% of voters participated in the referendum held on December 6, 1978, to approve the constitution. In the Basque Country, abstention was high as the PNV recommended it.
Structure of the State
According to the constitution, Spain is a social democratic state of law, opposite to the one in force during the Francoist period, placing national sovereignty on the Spanish people. The political form of the state is defined as a parliamentary and hereditary monarchy.
Role of the King
The King is the head of state. He sanctions and promulgates laws, dissolves the Cortes, and calls for referenda. He appoints the Prime Minister after consultation with the Cortes. He also signs decrees and ratifies civil and military appointments. The King also has the title of Supreme Commander of the Armed Forces, though he has no actual authority over them.
Regional Autonomy
This Constitution proclaims the indissoluble unity of the Spanish nation, but at the same time recognizes the grant of autonomy of nationalities and regions. The constitution had to deal with the question of regional autonomy, which was one of the most controversial issues in the construction of a new state. The Spanish state was made up of different nations with their own culture and languages. Long-standing tensions between these regions and the Spanish state had been repressed, but not extinguished, by Franco.
Statute of Autonomies
The issue of the organization of the state and the degree of self-government is defined in Title VII, which is known as the Statute of the Autonomies. The result of the process of constituting regional autonomies was that the state is composed of 17 autonomies and 2 autonomic municipalities (Ceuta and Melilla). The Constitution established that an autonomy statute must be drafted and approved for each autonomic community and defines their competencies and competencies kept by the state. This is the most original feature of the Spanish Constitution: the transformation from a unitary state into a decentralized structure.
Political Compromise
The right objected to any reference to regional autonomy in the constitution as a threat to national unity, while some Basques demanded the right of self-determination for the regions. After a long debate, a compromise was agreed upon by all major political parties, except the Basque nationalists. Because of that, the PNV recommended abstention while the Basque left voted against it in the referendum held on December 6th, 1978.