Key Pillars of the Spanish Constitution: Rights, Powers, and Autonomy
Defining the Spanish State: Law and Monarchy
The Constitution defines Spain as a social and democratic state of law, establishing a political system based on the Parliamentary Monarchy.
Fundamental Rights and Social Commitments
The Constitution recognizes and guarantees democratic freedoms, abolishes the death penalty, and fixes the age of majority at 18.
Regarding religion, it does not recognize a state religion, but stipulates that the State must take into account the religiosity of the Spanish people and the significance of the Catholic Church in Spain. It also:
- Opened up the possibility of divorce.
- Proclaimed the freedom of education.
- Recognized the freedom of enterprise and the market economy.
Furthermore, it recognizes crucial social rights (such as education, health, and housing), representing a commitment to the Welfare State.
The Classic Division of Powers
The Constitution adopts the classic division of powers:
The Courts (Legislative Branch)
Formed by the Congress of Deputies and the Senate, the Courts constitute the legislative branch and are elected by universal suffrage.
The Government (Executive Branch)
The Government holds the executive power, heading the civil administration, military, and foreign policy, and leading internal affairs.
The Judiciary
The Judiciary is configured as the protector of the laws and the advocate of justice.
The King is the Head of State and Head of the Armed Forces, holding primarily ceremonial and representative functions.
Title VIII: Territorial Organization and Autonomy
Title VIII addresses the territorial organization of the State, tackling one of Spain’s most serious political challenges. It sought to incorporate the historical claims of Basque nationalism and the Generalitat of Catalonia, while also providing a framework for the regionalism that had emerged across the rest of Spain.
Unity and Recognition of Nationalities
The Constitution establishes the new territorial organization of the Spanish state and respect for its differences. Article 2 affirms the “indissoluble unity of the Spanish nation” but simultaneously “recognizes and guarantees the right to autonomy of the nationalities and regions that comprise it.”
Spain is organized territorially into municipalities, provinces, and Autonomous Communities (CCAA). The Constitution recognizes different regional languages as official in their respective territories, alongside the recognition of flags and ensigns of the State and the CCAA.
Procedures for Gaining Autonomy
The Constitution provides for two procedures for gaining autonomy. The key difference is that:
- The faster procedure allows the Community to immediately assume functions not expressly reserved to the State.
- The slower procedure requires a five-year transition period before reforming the Statute and fully assuming competences.
This framework gathered a historical petition from many territories and finally established a non-centralized conception of the state (a concept previously listed in the 1931 Constitution).
Constitutional Development and LOAPA
Starting in September 1977, the Suárez government initiated the reform of the territorial structure. In 1979, the Statutes of Autonomy for the Catalan and Basque nationalities were endorsed by referendum. By the end of 1980, the Statute of Galicia was also approved.
The autonomous process generated strong tensions within the Spanish political landscape. The complexity of the situation necessitated the creation of a Ministry of Territorial Administration, responsible for managing the transfer of competences to the autonomous territories.
In June 1982, the Courts approved the Organic Law on the Harmonization of the Autonomy Process (LOAPA), which was appealed by Basque and Catalan nationalists and partially rectified by the Constitutional Court.
During those same years, the organic development of the Constitution continued with key legislation, including the laws governing:
- The Judiciary and the Constitutional Court
- Tax reform and the divorce law
- The Organic Act for Defense
- The right to education and criminal procedure