Spanish Constitution of 1978: Key Aspects & Evolution
The Spanish Constitution of 1978
In 1978, political leaders and society at large were aware of the weakness of democracy. So, for the first time, the supreme law was not imposed by the ruling party, but was negotiated by political forces. This is called the *development policy of consensus*. The Constitution begins when a paper is composed of 7 members representing UCD, PSOE, PCE, AP, and the Catalan group.
Key Features of the Constitution
The 1978 Constitution consists of 169 articles, included in a preliminary title and ten numbered titles. It is the most extensive. The shortest, article 1, defines Spain as a social and democratic state of law, indicating that a parliamentary monarchy is the form of the Spanish state’s policy. Article 2 speaks of the indissoluble unity of the Spanish nation.
Title I details the individual and social rights of citizens, duties, and guarantees of rights.
Structure of the Government
The General Courts are composed of two chambers:
- The Congress of Deputies, which is the chamber of political representation.
- The Senate, which is set up as a chamber of territorial representation.
The President of the Government is elected by Congress and must answer to the Courts. Justice is independent of the other branches.
Territorial Organization
The most controversial of the titles was the eighth, which refers to the territorial organization of the Spanish state. Since it was approved in 1978, the Spanish Constitution has only undergone one reform, which is a consequence of Spain’s integration into the structures of the EU.
Impact and Evolution
The 1978 Constitution has worked well. During its time in force, Spain went from being a developing country to being considered one of the richest in the world. The income levels and social welfare of Spaniards have increased significantly, demonstrating that the political framework is adequate.
Regional Autonomy
One of the most complex and significant problems of the transition stemmed from the desire of some regions to govern themselves through a historically autonomous status. This was particularly evident in regions like Catalonia and the Basque Country, but also in others such as Andalusia, Galicia, and the Canary Islands.
Catalonia
The return of the President of the Generalitat in exile, Josep Tarradellas, made it possible to establish an autonomous government in Catalonia, recovering the legitimacy of the Second Republic.
Basque Country
In the Basque Country, the most serious problem was the lack of agreement among different parties on the territory of the autonomous region and the phenomenon of ETA terrorism and its consequences. Finally, in 1977, the creation of a Basque regional council was approved, the forerunner of the current autonomous government.
Further Developments
Between 1979 and 1980, the Statutes of Autonomy of Catalonia, the Basque Country, and Galicia were approved, after being subjected to a referendum in their respective populations. These statutes have been in place until today, although they are likely to be reformed. In Andalusia, there was a controversial referendum that equaled its autonomous status to the level of the historical nationalities. Eventually, all regions in which the country is structured would become autonomous communities between 1980 and 1983.