Spanish Constitution of 1978: Articles & Historical Context
TEXT COMMENT 30: SELECTED ARTICLES OF THE 1978 SPANISH CONSTITUTION
1. CLASSIFICATION: This text presents selected articles from the 1978 Spanish Constitution. Drafted by a parliamentary assembly following King Juan Carlos I’s ascension, it’s crucial for understanding Spain’s transition to democracy. A primary legal and historical source, it offers insights into the first articles of this democratic constitution, approved on December 6th, 1978, after the Franco era, under President Adolfo Suárez’s UCD government. Authorship involved a drafting commission with deputies from various parties: AP (Manuel Fraga), PSOE (Gregorio Peces Barba), PCE (Jordi Solé Tura), Minority Catalana (Miquel Roca Junyent), and three from UCD (José Pedro Pérez Llorca, Miguel Herrero, and Gabriel Cisneros). Subsequent Senate-Congress differences led to a committee including Alfonso Guerra (PSOE) and Abril Martorell (UCD) finalizing agreements. Parliament overwhelmingly approved the constitution on October 31st, 1978, and the Spanish people ratified it via referendum on December 6th. This public document is addressed to all Spaniards.
2. HISTORICAL CONTEXT: This constitution falls within the democratic transition (1975-1982). In July 1976, King Juan Carlos appointed Adolfo Suárez as Prime Minister—a pivotal step towards democracy. Suárez’s reformist approach and openness to dialogue facilitated a higher tolerance for democracy. He engaged with Felipe González (PSOE), Santiago Carrillo (PCE), and others to prepare for political reform. General Gutiérrez Mellado’s role in military reform was also key. September 1976 saw the introduction of the Political Reform Act, designed by Fernández-Miranda, to change the political system and pave the way for elections. The Act’s approval on November 18th, 1976, legally authorized the transition. The 1977 elections were preceded by provocations from ETA and extremist groups. The Atocha massacre in January 1977, where right-wing terrorists killed five lawyers, fueled public anger and contributed to the legalization of the Communist Party in Easter 1977. Numerous demonstrations led to general amnesty and the return of exiles. The Moncloa Pacts (October 1977) involved agreements between the government, businesses, and political parties on economic and social reforms. Regarding autonomy, contacts with Josep Tarradellas led to the restoration of the Generalitat in Catalonia and the Basque General Council. Pre-autonomous regimes were established before the constitution’s adoption.
3. ANALYSIS AND COMMENTARY: Article 1, establishing Spain as a “social state,” emphasizes social rights (education, housing, health, etc.). Its declaration as a democratic state highlights the law as an expression of popular will, with elected legislators (Article 9.1). The proclamation of freedom and justice, separation of powers, and equality before the law aims to eliminate arbitrary state action and establish the rule of law. Political pluralism is defended as essential for a democratic system, with political parties representing diverse viewpoints. Article 2, emphasizing “national sovereignty” emanating from the people, distinguishes it from earlier constitutions where sovereignty was shared. Article 3 defines the state as a “parliamentary monarchy,” where the King reigns but doesn’t govern. The King’s role (Article 56) is to represent the nation, approve laws, summon and dissolve parliament, and perform other ceremonial functions. Article 16, addressing the relationship between the state and the Catholic Church, reflects a compromise reached after significant debate. Article 45, on the right to an adequate environment, is part of the principles governing quality of life. Article 125 addresses the people’s right to decide on prosecutions against human life, honor, privacy, freedom, and the environment, including crimes by public officials. Article 137 details the territorial organization of the state, with municipalities, provinces, and autonomous regions enjoying autonomy. The constitution facilitated a shift from a centralized to a unitary state with empowered regional authorities. Articles 143 and 151 outline different paths to autonomy. Article 147 provides the legal basis for autonomy, covering fundamental principles, powers, funding, institutions, and statute reform.
4. CONCLUSION: The 1978 Constitution, among the longest in Spanish history, is a complex and ideologically eclectic text, blending conservative, liberal, and social elements. It significantly limits the Crown’s powers and guarantees judicial independence. This constitution enabled the creation of a new democratic state and the design of Spain’s regional map.