Spanish Constitution of 1978: Key Features and Institutions
The Spanish Constitution of 1978
Background: Transition to Democracy
Following calls for elections and the legalization of political parties, no single party achieved an absolute majority. The UCD, led by Suárez, won the elections, with the PSOE emerging as the primary opposition.
Moncloa Pacts
The government, aiming to combat the economic crisis, proposed the Moncloa Pacts. These agreements sought to:
- Reduce annual inflation.
- Implement wage moderation.
- Combat tax evasion.
- Reform unemployment insurance.
The pacts also established legal and political freedoms, including freedom of expression, media regulation, and rights of assembly and association. Social conflict decreased after the Moncloa Pacts, and the economic crisis began to subside from 1983. Political terrorism diminished from the 1980s.
Drafting the Constitution of 1978
The drafting process was lengthy, overseen by a Constitutional Commission composed of the “Magnificent Seven”: Gabriel Cisneros, Miguel Herrero, José Pedro Pérez Llorca, Gregorio Peces Barba, Manuel Fraga, Mikel Roca, and Jordi Solé Tura. The commission prioritized consensus, resulting in a document accepted by nearly all parties. Notably, the death penalty was abolished, a key demand of the PSOE and PCE. The text was approved by the courts on October 21st.
General Characteristics of the 1978 Constitution
The Constitution of 1978 includes 11 titles and 169 articles, along with additional, transitional, and derogatory provisions. Its historical context – Spain’s peaceful and consensual transition from dictatorship to democracy – gives it unique characteristics:
- It is non-partisan and does not reflect the interests or ideology of any single governing party.
- It is eclectic, resulting from consensus, which explains its slow approval.
- It is messianic, full of historical references. Many articles are best understood in the context of the Spanish Civil War and the Franco dictatorship.
- It is ambiguous, remaining open and flexible.
- It has a rigid character, making it a very complex constitution, especially regarding its dogmatic aspects.
Key State Institutions
The four major state institutions are:
- The Crown: The monarchy is defined as parliamentary, with a more limited role than in previous Spanish constitutions or other European monarchies. The King is the Head of State, responsible for arbitrating and moderating the functioning of institutions and representing the country abroad.
- The Cortes Generales (Parliament): This bicameral legislature exercises legislative power and controls government action. The Senate has less influence than the Congress of Deputies. Members are elected by direct universal suffrage and secret ballot.
- The Government: The government exercises executive power and has the capacity to legislate. It is composed of the President and ministers and is controlled by the Congress of Deputies. Major issues require approval by organic law, necessitating an absolute majority.
- The Judiciary: This branch guarantees established freedoms and rights through the courts and institutions like the Ombudsman and the Constitutional Court.
General Principles
The state is based on the principles of equality, freedom, and political pluralism, defining Spain as a democratic, social, and constitutional state. The form of government is a parliamentary monarchy. The Constitution also provides:
- An extensive list of rights and freedoms, including social rights.
- A non-denominational state, with specific mention of the Catholic Church.
- The abolition of the death penalty in all jurisdictions, except in the military under specific circumstances.