Spain’s Transition to Regional Autonomy: The 1978 Constitution
The Emergence of Regional Organization in Spain
The establishment of political autonomy in Spain recognized the self-governance aspirations of various regions, ending rigid centralism. This new state management model introduced multiple power centers. While unprecedented in the Second Republic’s legislation, the regional structure in the 1978 Constitution was innovative. The Constitution’s Preliminary Title and Article 2 “recognize and guarantee the right of autonomy within the Spanish state to the nationalities and regions that comprise it.”
Title VIII, “Territorial Organisation of the State,” Chapter Three, Section 143, states: “In exercising the right to autonomy recognized in Article 2 of the Constitution, bordering provinces with common historical, cultural, and economic characteristics, island territories, and provinces with historic regional status may accede to self-government and become autonomous communities…”
Autonomous Communities assumed duties and powers outlined in their Statutes. The autonomy process occurred through two paths: Article 151, granting immediate full autonomy, or Article 143, with a more limited initial scope and the possibility of expansion after five years. The Canary Islands initially opted for Article 143.
The Constitution specified governing institutions for Autonomous Communities: a Legislative Assembly or Parliament, a President, and a High Court. It defined regional government competencies (culture, urbanism, tourism, roads, transport, fisheries, education, police, environmental protection) and exclusive State competencies (international relations, defense, armed forces, monetary system – see Appendix). Article 150 allowed the State to delegate duties to communities and established a compensation fund to address economic imbalances.
The Ministry of Territorial Administration managed the transfer of powers. The Basque Country and Catalonia were the first to achieve full autonomy under Article 151, followed by Galicia. Other regions gradually obtained Statutes under Article 143.
Autonomy in the Canary Islands
Following the 1978 Constitution, the Canary Islands established a provisional governing Board. Debates ensued regarding the Statute of Autonomy, which was approved in 1982. Key issues included the location of institutions and the electoral system. The Statute recognized both Canarian and Spanish nationality and established Island Councils as local authorities.
Institutions:
- The Parliament, located in Santa Cruz de Tenerife, is the representative body with legislative power.
- The President, elected by Parliament, appoints the government.
- A dual-capital system alternates the Presidency and Vice-Presidency every four years.
- Government departments are divided between the two capitals.
- The Community Court of Justice is in Las Palmas de Gran Canaria.
- The Advisory Council is headquartered in La Laguna.
- The Joint Deputy and Court of Auditors are in Santa Cruz de La Palma and Santa Cruz de Tenerife, respectively.
The Canary Islands’ institutions aimed to advocate for the islands’ balanced development.
Key Features of the 1978 Spanish Constitution
The Constitution is preceded by a preamble affirming the Spanish nation’s desire for a constitution characterized by:
- Length: 169 articles in a preliminary section and 10 titles.
- Ambiguity: Accommodating diverse political viewpoints.
- Rigidity: Requiring a 3/5 vote in Congress and Senate for amendments.
- Unfinished: Evolving through organic laws.
- Originality: Inspired by the 1931 Republic and other European constitutions.
- Ideological influences: Liberalism, democratic socialism, and Christian humanism.
- Structure: Dogmatic, organic, and constitutional reform sections.
Core Principles
The Preliminary Title defines Spain as a “social and democratic state of law” upholding freedom, equality, and political pluralism. Key principles include:
- Rule of Law: All citizens and authorities are subject to the Constitution and law.
- Democracy: Representative institutions legitimized through universal suffrage.
- Social State: Promoting equality, rights, and protection for the disadvantaged.
- National Sovereignty: Residing in the Spanish people.
- Parliamentary Monarchy: The political form of the State.
- Unity and Autonomy: Indissoluble unity of the Spanish nation and the right to autonomy for nationalities and regions.
- Official Language: Castilian, with other languages co-official in their respective communities.
- Political Pluralism: Freedom to create and operate political parties.
- Labor Rights: Freedom to form unions and associations.
- Armed Forces: Guaranteeing sovereignty, independence, and territorial integrity.
Constitutional Principles
The 1978 Constitution is progressive, defining Spain as:
- Secular State: While secular, it maintains cooperative relations with the Catholic Church.
- Social and Democratic Rule of Law: Powers and rulers are subject to the law, promoting equality and universal suffrage.
- Mixed Economy: Recognizing private property and free markets, but allowing government intervention.
Rights and Freedoms
- Individual Rights: Life, integrity, privacy, inviolability of domicile.
- Public Rights: Assembly and association.
- Political Rights: Suffrage at 18, participation in justice, access to public office.
- Social Rights: Merit and ability, education, health, work, housing, family protection.
- Religious and Ideological Freedoms: Conscience, expression, thought.
The Crown
The Constitution limits the Crown’s powers, ensuring power resides in the courts and government. The King is the arbitrator and head of state, “reigns but does not govern,” and is subject to the Constitution.
General Courts (Parliament)
Political representation is organized in a bicameral Parliament: the Senate and the House of Representatives, elected every four years.
Separation of Powers
- Legislative: Parliament, responsible for laws, budget, and international treaties.
- Executive: Government (President, Vice Presidents, Ministers), responsible for domestic and foreign policy.
- Judicial: Judges, coordinated by the Supreme Court.
Additional Institutions
- Constitutional Court: Interprets the Constitution and resolves conflicts between the State and Autonomous Communities.
- Ombudsman: Protects citizens’ rights and freedoms.