Spanish Constitution of 1978: Creation and Principles
The Spanish Constitution of 1978
The results of the elections on June 15, 1977, formed a parliament dominated by two major parties, the UCD and PSOE. Other significant formations included Alianza Popular, the Communist Party, and the Basque and Catalan Minority. Even before the election, the future Parliament’s primary task was understood to be the drafting of a constitution. In the opening session, King Juan Carlos delivered a speech calling for cooperation to achieve democratic coexistence in Spain. The monarch specifically mentioned the development of a constitution. Parliamentarians generally welcomed the King’s speech, although the Socialist Party still had reservations about the monarchy at that time.
On July 25, 1977, the House of Congress approved the establishment of a Constitutional Commission tasked with drafting a constitution. This marked the beginning of a lengthy constitutional process characterized by the use of consensus. Both the right, represented by People’s Alliance, and the Communist Party played a minor role in drafting the Constitution. However, they made it clear from the outset that they would not accept it being drafted solely by the UCD and PSOE. The Catalans played a crucial role as mediators. In contrast, the Basque nationalists presented sovereignty claims that were deemed unacceptable.
A presentation consisting of seven individuals was appointed for the process of drafting the Constitution. Three members belonged to the UCD, one to the PSOE (having conceded one place to the Catalans), one representative from AP, and another from the PCE. Finally, the Congress-Senate Joint Committee and the Plenary session of both houses approved the text on October 31, 1978. Following parliamentary approval, the draft Constitution was submitted to a popular referendum on December 6, 1978, where the Spanish people endorsed it with 87.9% of the vote.
On December 27, 1978, King Juan Carlos ratified the Constitution before the Senate and Congress assembled in a joint session. It formally entered into force on December 29 upon publication in the Official Gazette.
Characteristics of the 1978 Constitution
One of the most important features of our Constitution is that it was agreed upon. It is the first Spanish Constitution not imposed by a particular political group that held a majority government at the time. Another feature is the existence of so-called organic laws. Its main innovations relate to issues such as the Ombudsman and the Constitutional Tribunal’s protection of individual rights and public freedoms.
The Constitution is divided into a Preliminary Title plus ten titles, with a total of 169 articles, along with supplementary and transitional provisions. It is structured as follows:
- A Preamble, outlining the Spanish nation’s commitment to guaranteeing democratic coexistence, consolidating the rule of law, protecting human rights, promoting economic and cultural progress, and fostering peace and solidarity among the different peoples of the Earth.
- A dogmatic part, reflected in the Preliminary Title and Title I.
- The Preliminary Title sets forth the basic principles of our coexistence: freedom, justice, equality, and political pluralism. Sovereignty is exercised by the Spanish people, from whom all state powers emanate. Furthermore, Spain is established as a social and democratic state under the rule of law, with a parliamentary monarchy as its form of government.
- a) It defines the political organization of Spain as a social and democratic state under the rule of law. Social, due to the predominance of society’s interests over those of specific groups. Democratic, because the people’s decisions should prevail through elections.
- b) The form of the Spanish state as a parliamentary monarchy represents a decision in favor of the monarchy, but power resides not in the King but in Parliament.
- c) Additionally, the unity is enshrined.