From Francoism to Democracy: Spain’s Constitutional Journey
Spain’s Transition to Democracy (1975-1978)
Franco died on November 20, 1975. This marked the end of a dictatorship lasting almost 40 years and initiated a period of transition to democracy, the first chapter of which was the proclamation of Juan Carlos I as King of Spain.
The prime minister was Carlos Arias, a Francoist who frustrated democratizing expectations. In early 1976, the situation was critical: Spain was experiencing a severe economic crisis, followed by a strong wave of strikes.
The King dismissed Arias in 1976 and appointed Adolfo Suárez as head of government. Suárez was a young man with Falangist origins, and he had been Secretary-General of the Movement. With a government composed of Christian Democrats and former members of the Movement, he initiated a democratization process from within the very legality of the Francoist regime.
He approved a proposed Amnesty Law and presented to the Cortes a Political Reform Bill that effectively dismantled the dictatorship. This law was approved and validated the following month. Suárez had opened the door to democracy; furthermore, he legalized the PCE (Communist Party of Spain) and called for general elections. These were won by the UCD (Union of the Democratic Centre), led by Suárez, while the PSOE (Spanish Socialist Workers’ Party) and Popular Alliance received fewer votes.
Constitutional Period (1977-1978)
Although Suárez had called for elections, he was soon forced to draft a new constitution. Spain faced numerous problems:
- An economic crisis with rising unemployment and inflation;
- Nationalist tensions;
- Terrorist attacks.
To overcome this situation, it was necessary to create a climate of consensus among all parliamentary forces. The first result of this approach was the approval of the Moncloa Pacts, agreements aimed at addressing the economic and social crisis. The second result was the approval of the Constitution, in which the major political forces agreed on a model of territorial decentralization to establish the Spain of the Autonomies.
The Constitution of 1978
The Constitution was approved by the Cortes in 1978. Its main features are:
- The Spanish political system is defined as a social and democratic state of law, adopting a parliamentary monarchy that defends freedom, justice, and political pluralism.
- The Spanish state is unitary and indivisible, but recognizes the right to autonomy.
- The King is head of state but holds no real powers.
- A broad bill of rights and freedoms.
- Organization and division of state powers:
- Executive Branch: Exercised by the Prime Minister, who appoints their ministers. The Council of State and Public Administration assist the government in its tasks. It directs internal and external state policy, defense, etc.
- Legislative Branch: Exercised by the General Cortes, which are formed by the Congress of Deputies and the Senate, elected every four years by universal suffrage. Their role is to pass legislation. The Ombudsman and the Court of Auditors assist in fulfilling their mission.
- Judicial Branch: Exercised by the courts, including two higher courts, the Supreme Court, and the National Court. They are responsible for administering justice and are governed by the General Council of the Judiciary.
- The Constitutional Court is responsible for interpreting the Constitution in case of conflict.
- Territorial Organization: The Constitution recognizes the right to autonomy.
In Catalonia and the Basque Country, early nationalist parties accelerated their path to autonomy. The Catalan Generalitat drafted a statute that was quickly approved. The Basque Country faced more problems due to the rejection of the Constitution by some nationalists and the terrorist actions of ETA. The Statute of Guernica was finally adopted. These first two statutes underwent some adjustments after passing through the Cortes and were supported by the population. The Constitution has been amended only once, following Spain’s incorporation into the EU, to allow voting rights for EU citizens residing in Spain. Suárez’s biggest challenge was the increase in terrorism.