Democratization of Spain and the 1978 Constitution
Spanish Transition and the 1978 Constitution
Franco’s death marked the beginning of a new era in Spain: the transition to democracy. Preventing societal collapse was a priority, supported by the Crown and anti-Franco sectors. However, the struggle between reformists and those seeking a complete break caused a crisis.
The dictator’s demise triggered institutional succession. Juan Carlos de Borbón was named King on November 22, 1975. The monarchy, legitimized by Franco, ensured control of the state apparatus: army, administration, and law enforcement. The King’s coronation speech aimed for reformist ideals and an inclusive monarchy. His initial actions reassured the Francoist apparatus, maintaining Carlos Arias Navarro as Prime Minister. He appointed Torcuato Fernández Miranda as head of Parliament and the Council of the Kingdom, forcing Arias to include reformists (Manuel Fraga), those open to change (José María de Areilza or Leopoldo Calvo Sotelo), and two key figures, Adolfo Suárez and Rodolfo Martín Villa. Contacts with the opposition and European leaders began, leading to an amnesty and freedom for political opposition.
The King aimed for a democratic, constitutional, and parliamentary monarchy through top-down reforms. However, neither the right nor the left supported this. The right sheltered in its “bunker,” controlling power levers. The divided left called for a break, a provisional government, and a decision on the state model: monarchy or republic. Events evolved, emphasizing the need for consensus.
Arias Navarro’s reforms were timid and insufficient. Anti-government protests, social unrest, and strikes against wage freezes increased instability. Arias Navarro reacted authoritatively, notably in Vitoria with five dead demonstrators and the factional fighting in Montejurra Carlist.
The King prompted Arias Navarro’s resignation and appointed Adolfo Suárez as Prime Minister. Most opposition saw this as an obstacle due to Suárez’s Francoist background. However, Suárez stated that “future governments will result from the will of the Spanish,” dismantling the dictatorship from within Francoist legality. He granted amnesty, intensified opposition contacts, and initiated a political shift to end the previous regime.
This transition was crucial to prevent delegitimization, especially from the Armed Forces. Suárez reassured top generals, accepting the legalization of the Communist Party. The Political Reform Act, approved by the courts, allowed a bicameral Cortes elected by universal suffrage. A referendum confirmed overwhelming public support.
Legalizing political parties was a crucial step. The PSOE held its XIII Congress publicly in 1976 and was legalized by year-end. The PCE’s General Secretary, Santiago Carrillo’s arrest raised the issue of legalization. The Communists’ moderate response to the Atocha murders, their commitment to the monarchy, and opposition pressure led Suárez to legalize the PCE in 1977, despite army discomfort. Suárez continued negotiations, dissolving the Public Order Court and the Trade Union Organization, and extending amnesty.
With political pluralism guaranteed, the first democratic elections since the Republic were held on June 15, 1977. The electorate chose moderation and stability: UCD won a relative majority, followed by PSOE. PCE suffered a setback, People’s Alliance was seen as too attached to Franco, the extreme right disappeared, and nationalist groups gained significant results.
The Constitution of 1978
a) The Historical Moment
Unlike past constitutions, this one required full support from all groups. Consensus was achieved after eighteen months and over 160 articles, reflecting the process’s difficulty.
The complexity stemmed from diverse viewpoints. UCD emphasized the monarchy, PSOE demanded extensive rights and goals, Catalan nationalists focused on territorial organization, and Basque nationalists asserted national sovereignty.
The 1977 elections initiated a constituent process. Paradoxically, the Constitutional Courts lacked a supreme legal text, maintaining a state functioning on Francoist legal grounds.
The government and parliament faced public policy and economic issues while drafting the constitution. The King called for cooperation to ensure democratic coexistence.
The Moncloa Pacts addressed social conflicts: unions and leftist forces agreed to a wage freeze for tax reforms, job creation, and social security expansion.
ETA’s terrorism posed challenges during the drafting, initially seen as anti-Franco resistance but later recognized as a threat to democracy.
b) The Constitutional Process
Three ideological trends influenced the Constitution:
- Liberalism: Defending individual rights, rule of law, legal guarantees, power division, and executive submission to legality.
- Democratic Socialism: Accepting capitalism with state intervention to address inequalities.
- Christian Humanism: Emphasizing equality, participation, universal suffrage, and accountability of public office.
A commission of seven people drafted the text: three from UCD, two from PSOE, one from CIU, one Communist, and one from People’s Alliance. Discrepancies existed regarding autonomy, education, socio-economic issues, and the electoral system.
The Constitution was approved by the Congress of Deputies in July 1978 with a large majority. Only the extreme left, Basque nationalists, and some right-wing deputies voted against or abstained.
In October, it was approved in a joint session of both chambers and ratified in a national referendum on December 6, 1978, with 69% voter turnout and 60% approval. In the Basque Country, support was only 30%. The Constitutional Court’s interpretation was crucial for settling regional issues.
The drafting process was influenced by historical constitutionalism, especially the 1812 and 1931 texts, incorporating the vote of censure, the Ombudsman, and protection of individual rights by the Constitutional Court.
c) The Content
The 1978 Constitution has 11 titles and 169 articles, plus additional, transitional, and exceptional provisions. The preliminary title outlines the state’s basic features.
Title I addresses rights and freedoms. Spain was unanimously considered a secular state recognizing the Catholic Church’s influence. Key issues included the abolition of the death penalty, abortion law, and academic freedom.
Title II defines the monarchy as a parliamentary manager and arbitrator with symbolic duties, less powerful than in other European countries.
Titles III and IV cover the legislative and executive branches. The system is an attenuated bicameralism, with the Congress of Deputies having more power than the Senate. The electoral system grants voting rights at 18. Direct democracy tools like referendums are advisory. Basic laws require an absolute majority vote, and a constructive vote of no confidence can bring down the government.
Titles VI and VII address economic and social issues. Title VIII on territorial organization was the most debated. An ambiguous formula was reached to satisfy Catalan, Basque, and regional sentiments. The term “nationality” was used for Catalonia, Basque Country, and Galicia without implying separatism. The Constitution protects the system through the Constitutional Court, the Judiciary, and the Ombudsman, all elected by a qualified majority. The Constitution is rigid and difficult to modify.