Spain’s Democratic Transition: 1977-1978

The 1977 Party System and Elections

The LRP’s approval had two immediate objectives: restoring democratic freedoms and calling for elections. The first step involved decrees legalizing political parties (except the Communist Party), granting amnesty for political crimes during Franco’s era, dissolving the National Movement, and allowing freedom of association. The opposition collaborated to complete the transition, known as the Transition Pact. The government, fearing a potential army coup, relied on General Gutiérrez Mellado to confront military hardliners and Adolfo Suárez to reassure the public. Suárez insisted on continuing reforms despite the threat of terrorism. Elections were called for June 15, 1977.

Political forces were shaping up as follows:

  • Right: People’s Alliance (PA), led by Manuel Fraga (including several former Franco ministers), presented a conservative platform of order and authority.
  • Center: Democratic Centre Union (UCD), founded by Adolfo Suárez, was a coalition of Christian Democrats, Liberals, Social Democrats, and others.
  • Left: The Socialist movement had several factions: the PSP, the PSC (in Catalonia), and the PSOE (with Felipe González and Alfonso Guerra). The PCE, led by Dolores Ibárruri and Santiago Carrillo, presented a moderate image.
  • Regional: Catalonia saw the Democratic Pact (PDC and ERC). In the Basque Country, the Basque Nationalist Party (PNV) and Euskadiko Eskerra (EE) emerged.

Due to the 1973 oil crisis, major parties signed the Moncloa Pacts (October 1977), containing economic and political reforms.

Economic Measures

  • Fight against inflation: currency devaluation, public spending reduction.
  • Policy reforms: tax reform, social security.

Legal-Political Actions

  • Decriminalization of adultery and contraception.
  • Media regulation.

The 1978 Constitution

On July 13, 1977, the new democratic Cortes, chaired by Antonio Hernández-Gil, convened. A committee was formed to draft a new constitution, consisting of three UCD representatives and one from each of PSOE, PCE, AP, and Catalan nationalists. The PNV’s exclusion had lasting consequences, as they did not vote on the Constitution and still claim it was imposed on the Basque Country.

The Constitution defines Spain as a “social and democratic state of law.” National sovereignty resides in the people. The political system is a parliamentary monarchy. The Crown has the power to enact and promulgate laws, convene and dissolve the Cortes, propose the President of the Government, command the Armed Forces, and perform representative functions, thus subjecting the military to civilian authority.

Title I outlines:

  • Civil and Liberty Rights: Right to life (abolishing capital punishment), physical integrity (prohibiting torture), liberty, security, expression, assembly, association, equality, freedom of religion and ideology, honor, privacy, education.
  • Social Rights: Right to health protection, family and child protection, decent housing, a suitable environment, preservation of artistic and cultural heritage, care for the disabled and elderly, consumer protection.
  • Rights and Duties related to the State: Military service, payment of taxes, marriage, private property, inheritance (with the possibility of state expropriation for national interest), right to work, and non-discrimination in work.