The Spanish Constitution of 1978: A Comprehensive Analysis
ITEM 34: The Spanish Constitution of 1978
Introduction
The Constitution of 1978 was achieved through consensus and understanding between the UCD and PSOE, with concessions made by the PCE. All parties were willing to collaborate, and in July, Congress approved the Constitution. A referendum was held on December 6th, with 87% voting yes and 7.8% voting no. The high abstention rate, particularly in the Basque Country, was a notable aspect.
Status of the Spanish Constitution
The Constitution of 1978 is the foundation of the new democratic state and the design of the Spanish autonomous map. For the first time, it was the result of consensus among various political forces, with only the extreme right and left opposing it. This text is influenced by other countries and, despite its length, does not address certain issues. It also incorporates solutions like the constructive vote of no confidence.
The Leadership of the Constitution
The Constitution consists of 169 articles.
The Political Regime
- Spain is a social and democratic state ruled by law.
- National sovereignty resides in the people.
- The form of State is a parliamentary monarchy.
- Spain’s unity is compatible with national plurality.
- Castilian is the official state language.
The Head of State
In the parliamentary monarchy, the King is the Head of State. He dissolves the courts and calls elections. He is inviolable and not subject to liability. He does not intervene in the government but acts as a moderator.
Division of Powers
a) The Legislative Branch (The Courts)
Legislative power lies in two chambers elected by universal suffrage: the Congress of Deputies and the Senate. The Senate has a territorial representative character. Organic laws require an absolute majority for approval.
b) Executive Power
Executive power lies in the government and its president, elected by Congress. The president appoints the rest of the government and heads the executive power. The UCD never had an absolute majority and ruled with support from other parties. The PSOE has ruled with an absolute majority.
The Rights and Freedoms
The Constitution contains a declaration of rights and freedoms. It specifies rights and freedoms, abolishes the death penalty and torture, and sets the legal age at 18 years. This system is protected by the Constitutional Court, the judiciary, and the Ombudsman.
Non-confessional State
The Constitution is moderate and opens channels for the protection of religious beliefs.
Organization of the State of Autonomy
This is the most conflicted and debated topic. The term “nationality” refers to territorial entities with national consciousness. It indicates a break from the political culture of national unity and could revolutionize the state. The state transfers power to the autonomous communities through negotiation.
The Adoption of the Statute of Autonomy
Cataluña
Members of Parliament elected in 1977 dismissed the assembly of parliamentarians. A demonstration on September 11th called for the restoration of the Generalitat. A commission of 20 deputies was formed.
Basque Country
The KAS movement demanded amnesty, the withdrawal of public law enforcement, and the right to self-determination. Elections took place in 1980.
Galicia
Galicia was the third region to approve the Statute of Autonomy in 1980.
Andalucia
Two referendums were held: one in February 1980 and another in October 1981 to adopt the Statute of Autonomy. The PSOE won by a majority.
Funding for the Autonomous Communities
The LOFCA (1980) instituted income centralization and expenditure decentralization. This law was amended in 1996 to support income decentralization.
The Difficulties of Agreeing on the Autonomic Process
More power has been claimed by regional governments, leading to demands for equal powers.
c) The Judiciary
The judiciary is composed of the courts, with the Supreme Court at the top. Two institutions ensure the balance of powers: the Constitutional Court and the Ombudsman.