Spain’s 1978 Constitution: A Historical and Political Analysis
The Spanish Constitution of 1978
This commentary analyzes five articles of the 169 that comprise the current Spanish Constitution. Approved by referendum on December 6, 1978, the Constitution received widespread support, with the exception of the Basque Country. The Transition was marked by a spirit of consensus among political groups, enabling the establishment of a framework of freedoms in Spain.
Adolfo Suárez and the Political Reform
King Juan Carlos appointed Adolfo Suárez, formerly of the Falange and Secretary General of the Movement, as Prime Minister, replacing Carlos Arias Navarro. Suárez, an advocate for political openness, had opposed Arias Navarro’s repressive policies. The Transition’s success was due to the will of the Spanish people and Suárez’s leadership. He presented the Organic Law of Political Reform to the Cortes, which was adopted a year after Franco’s death. This reform replaced Franco’s Cortes with a body elected by universal suffrage, a move supported by the referendum of December 15, 1976.
The Constituent Cortes and the Drafting of the Constitution
The 1977 elections resulted in victory for Suárez’s UCD, followed by the PSOE led by Felipe González. The People’s Alliance, the PCE, and nationalist parties also gained seats in the Constituent Cortes, tasked with drafting the new Constitution. A drafting committee, reflecting the electoral results, comprised representatives from UCD, PSOE, AP, PCE, and Catalan nationalists. The resulting text was adaptable to any future democratic government, minimizing the need for constant reform.
Parliamentary Monarchy and the Spanish Parliament
Article 1 establishes Spain as a Parliamentary Monarchy, where the King shares executive power with a democratically elected government. Legislative power resides in the Spanish Parliament, composed of the Congress of Deputies and the Senate. The Spanish monarchy descends from the House of Bourbon. Constitutional reform is being considered, focusing on the Head of State’s succession and the Senate’s role as a chamber of territorial representation for the seventeen autonomous communities.
Social and Democratic State of Law
The Constitution defines Spain as a social and democratic state of law, upholding the principles of modern liberal states while maintaining welfare state policies like healthcare and public education. Article 12 enshrines national sovereignty, deriving state power from the people.
National Unity, Regional Autonomy, and Secularism
The Constitution recognizes the right to self-government of the distinct national regions within the ‘Spanish nation,’ emphasizing its ‘indissoluble unity’ in Article 2. This allows for the creation of autonomous communities. The Constitution establishes a secular state, with no official religion, while maintaining cooperative relations with the Catholic Church. The concordat with the Vatican prevents full secularization, unlike France.
Statutes of Autonomy and Constitutional Reform
Article 147 allows regional parliaments to approve statutes of autonomy. Spain comprises seventeen autonomous regions and two autonomous cities, each with its own Statute of Autonomy, organizing self-government. The Canary Islands’ statute, dating back to 1982, outlines its name, organization, and autonomous bodies. Article 147 also addresses statute reform, a process currently underway in the Canary Islands, Catalonia, and the Basque Country. Any reform requires parliamentary approval. The Spanish Constitution is considered ‘rigid,’ requiring a supermajority for any alteration.