The Spanish Constitution of 1978: A Landmark Achievement
The Spanish Constitution of 1978
Background
The year 1978 marked a pivotal moment for Spain’s transition to democracy, legally solidified by the enactment of its new constitution. Prior discussions centered around “Democratic Coordination” and a political reform bill, advocating for free elections, amnesty, and a Constituent Assembly.
The Congress responsible for drafting the Constitution comprised representatives from various political parties:
- UCD (Pérez Llorca, Cisneros, and Herrero de Mignon)
- PSOE (Peces Barba)
- PCE (Solé Tura)
- AP (Fraga Iribarne)
- Catalan Nationalists (Roca Junyet)
This process signified the first instance of major political parties negotiating the drafting of a Spanish constitution, culminating in a significant national covenant. Following extensive parliamentary debate, the Constitution was adopted on October 31, 1978, with overwhelming support. Only the extreme right and left voted against it, while the PNV abstained (a decision later regretted, given the potential for addressing the ETA issue). The Constitution was subsequently ratified by the Spanish people in a referendum on December 6, with 67% of the electorate participating and 88% voting in favor.
Key Challenges
Several complex challenges arose during the drafting process. Two prominent issues were the form of government (monarchy or republic) and the state model (centralized or decentralized). Right-wing parties (UCD, AP) favored a monarchy, while the PSOE and PCE leaned towards a republic. Ultimately, a parliamentary monarchy was adopted, prioritizing the establishment of democracy. The army’s loyalty to the King and the monarchy also influenced this decision. Regarding the state model, Franco’s regime had enforced a unitary and centralized structure, favored by many Spaniards but opposed by Basque and Catalan separatists, including ETA. The final decision was a unitary but decentralized model, establishing Spain’s autonomous regions.
Content of the Constitution
The Constitution includes a preamble recognizing the values of justice, freedom, and security, aiming to establish a state governed by law and promoting progress under national sovereignty. It established a democratic state and a parliamentary monarchy, incorporating the classic division of powers:
- The Courts: Composed of the Congress of Deputies and the Senate (4 per province), elected by universal suffrage, holding legislative power.
- The Government: Holds executive power, leading the civil and military administration and directing domestic and foreign policy.
- The Judiciary: Acts as the protector of laws and promoter of justice.
The King serves as Head of State and Commander-in-Chief of the Armed Forces. The position is hereditary, inviolable, and not accountable. The King’s duties are primarily ceremonial and representative, including calling elections and promulgating laws.
The Constitution guarantees democratic freedoms, abolishes the death penalty, sets the age of majority at 18, and does not recognize a state religion. However, it acknowledges the religiosity of the Spanish people and the significance of the Catholic Church in Spain. It also addresses the possibility of divorce, proclaims freedom of education and enterprise, and recognizes social rights to education, health, and housing, demonstrating a commitment to the welfare state.
The Autonomous State
Based on the indissoluble unity of Spain, the Constitution recognizes the right to autonomy for the 17 regions of Spain. All regions were granted the same powers and jurisdiction, although “nationalities” (Basque Country, Catalonia, Galicia, Andalusia) achieved full autonomy immediately (fast track), while other regions transitioned over five years (slow track).
Transfer of Powers and Funding
The Constitution establishes governing institutions for each Autonomous Community (Legislative Assembly, President, and Supreme Court of Justice). It defines the powers these governments can assume (planning, culture, tourism, roads, transport, fisheries, education, environmental protection, health, and hygiene) and those reserved for the State (international relations, defense, customs, monetary and financial systems). A compensation fund was established to address economic imbalances between territories through investment.
Remaining Issues
The Constitution of 1978 successfully established a decentralized yet unitary state. However, two unresolved issues remained: the role of the Senate, which does not function as a true chamber of territorial representation, and the status of the Basque Country and Navarre, recognized as “historical facts” but not granted sovereignty or the right to self-determination.