Spain’s Transition to Democracy: The 1978 Constitution
Spain’s Transition to Democracy
The Difficult Early Years
The months following the referendum marked a challenging period for Spain’s transition to democracy. The extreme right-wing terrorism posed a significant threat, with murders designed to incite a military coup and derail the nascent democratic process.
The Legalization of the PCE and the Monarchy
The legalization of the Communist Party of Spain (PCE) was a pivotal moment. This followed an agreement with Suarez where the party renounced its republican stance. Furthermore, Don Juan de Bourbon ceded the crown to his son Juan Carlos, normalizing relations with the monarchy.
The 1977 Elections and the Rise of the UCD
On June 15, 1977, elections were held for the Constituent Assembly. The Union of the Democratic Centre (UCD), the party founded by Adolfo Suarez, emerged victorious. The Spanish people overwhelmingly rejected the extreme right, opting for moderation.
The 1978 Constitution
Development and Approval
The 1978 Constitution, the foundation of Spain’s current political system, was drafted over fifteen months between 1976 and 1977. Following the June 1977 elections, a seven-member committee was formed, representing various political factions. The final vote on the Constitution in the Congress of Deputies on October 31, 1978, was overwhelmingly positive (325 votes in favor, 6 against, and 14 abstentions). A referendum on December 6, 1978, resulted in its approval, making that date a national holiday.
General Characteristics
The Constitution is extensive, reflecting the profound shift in the political regime. It restores sovereignty to the people and guarantees their freedoms. Drawing from liberalism, democratic socialism, and Christian humanism, it comprises 11 titles and 169 articles.
Bill of Rights
Individual rights, aligned with the Universal Declaration of Human Rights, are enshrined in the Constitution. Spain is defined as a social and democratic state governed by the rule of law. Key rights include the right to life, physical integrity, personal and family privacy, the inviolability of the home, freedom of conscience, and education. It also recognizes the rights of association and assembly, free education, and family protection. Economic rights, such as property and inheritance, free enterprise, free movement of goods, and the right to paid work, are also established. The position of Ombudsman is created to safeguard these rights.
Definition of the State and Division of Powers
Parliamentary Monarchy
The Constitution establishes a parliamentary monarchy. Executive power is exercised by a government accountable to Parliament, the body responsible for enacting laws in accordance with the Constitution. Parliament embodies popular sovereignty, which resides in the Spanish people, the source of all state powers. The monarch is the head of state, with the monarchy serving as a moderating and representative institution.
Division of Powers
Legislative power is vested in the Cortes Generales (Parliament), composed of the Congress of Deputies and the Senate. Executive power is held by the Government, consisting of the President and ministers. The President is elected by the Congress of Deputies following a proposal by the monarch, who must consider the election results. Ministers are appointed by the President. Judicial power is exercised by judges, who are responsible for enforcing the laws. The Supreme Court is the highest judicial institution. The Constitutional Court determines the constitutionality of laws. The State is declared non-denominational, while acknowledging the Catholic Church’s influence in Spanish society.
Subdivisions and Territorial Organization
The territorial organization includes municipalities governed by mayors and councilors. Municipalities are grouped into provinces, which are structured around the Diputación Provincial (Provincial Council), with a president and members representing each municipality. One of the most debated aspects of the Constitution is the recognition of nationalism through the autonomous regime.
Conclusion: The Legacy of the 1978 Constitution and the UCD
The 1978 Constitution has become the second longest-lasting constitution in modern Spanish history, surpassed only by the 1876 Constitution. The UCD faced significant challenges, including navigating the state statutes of autonomy and the diverse regions, in its efforts to guide Spain towards democracy. However, the UCD’s downfall stemmed from internal divisions and factionalism. Adolfo Suárez resigned in January 1981 under pressure from his party. Following a failed coup led by Antonio Tejero, a provisional government was established with Leopoldo Calvo Sotelo as President. Calvo Sotelo attempted to stabilize the democratic system through political and economic measures, but with limited success. The UCD’s influence waned, paving the way for the Spanish Socialist Workers’ Party (PSOE) to replace it in government, with Felipe González leading the government for 13 years.