Spanish Constitution of 1978: History and Principles
The Political Transition and the Constitutional Process
Spain’s constitutional history has oscillated between constitutionalism and authoritarianism, with nine constitutions adopted between 1812 and 1831. The Canovist constitutions of 1876 and 1895 were the most enduring. The failure of earlier constitutional movements stemmed from limited societal modernization and a lack of negotiation among key actors.
The most recent transition began with Franco’s death in 1975 and culminated in the 1978 Constitution. This transition involved three stages: pre-transition, transition, and consolidation. The pre-transition phase, within the Franco regime, laid the groundwork for economic and social change. The transition phase marked the shift from authoritarianism to democracy. The consolidation phase solidified the new democratic regime through institutional design.
A Political Explanation
The transition to democracy cannot be solely attributed to social and economic changes. Political factors played a crucial role. The transition began with Franco’s death and ended with the approval of the new constitution, marking the start of the consolidation period.
The Context of Political Action
King Juan Carlos I championed political change. Adolfo Suárez, appointed president in 1976, accelerated the transition. The 1978 Constitution was approved peacefully, reflecting a high degree of consensus among political leaders. Social attitudes, shaped by the political culture of the dictatorship and the moderation of citizens, facilitated the transition. The ruling elite’s cohesion and the adoption of a reform law within the Franco regime’s legal framework were also key factors. Pre-electoral pacts and the role of political parties were essential.
The Politics of Transition
The transition involved several stages:
- Mobilization-Demobilization: Widespread politicization and mobilization of various social groups, including artists, intellectuals, and professionals, played a crucial role.
- Liberalization: Restoration of civil liberties and respect for human rights. Suárez presented a political reform bill to the Cortes in 1976, paving the way for general elections.
- Democratization: Negotiations on the electoral law were central to this stage. The 1977 general elections resulted in a bicameral Constituent Assembly.
The Democratic Elections (1977) and the Development of the Constitution
The 1977 elections, marked by democratic enthusiasm and consensus, led to the formation of a bicameral Constituent Assembly. A seven-member constitutional committee drafted the constitution, which was adopted in December 1978. The constitution, comprising 169 articles, reflects modern constitutional principles.
The Spanish Constitution of 1978 and the Opening of the Constitutional System
The 1978 Constitution, a product of its historical context, is democratic, guarantees rights, and is subject to judicial review. It is open to integration into supranational legal systems and recognizes Spain as a social and democratic state of law.
The Constitution as a Source of Law
The Constitution as Supreme Standard
Public authorities must act in accordance with the constitution. Its supralegal status is evident in its distinct reform process. The constitution addresses various matters, including those requiring organic laws (Article 81). It cannot be contradicted by other rules (Article 51).
The Higher Values of the Legal System
Articles 1.1 and 10 protect citizen rights and human dignity. Rules contradicting these values are unconstitutional.
The Social and Democratic State of Law
The social principle reflects the relationship between state and society. The constitution recognizes economic freedom (Article 33), the state’s role in economic activity (Articles 128-130), and economic planning (Article 131). It also recognizes social, cultural, and economic rights in various areas, including education, social security, health, housing, labor, and family.
The democratic principle emphasizes citizen participation, including as constituent power (Article 117.1), in public administration (Article 2.3), referendums (Article 92), petitions (Article 76), legislative initiative (Article 87.3), and justice (Article 125).
The Constitutional Principles of the Legal System
Constitutional principles guide the interpretation and application of laws. They serve as a supplementary source in the absence of specific laws or customs. The Constitutional Court applies these principles when interpreting and applying rules.