The Making of Modern Spain: Democracy and the 1978 Constitution

Posted on Nov 29, 2024 in History

1. The Spanish Transition to Democracy and the Constitution of 1878

Timeframe

Political transition process of dismantling the Franco dictatorship and its replacement by a democratic regime. Strictly speaking, it begins with the death of Franco and ends with the approval of the Constitution. Some push the starting point to 1969 or, more importantly, 1973. Some cite the date 1982 with the arrival of the PSOE to power, claiming two reasons:

  • The change in power was a sign of democratic stability.
  • In 1978, there were still outstanding issues that could jeopardize the stability of democracy, such as the economic crisis.

The Starting Point

In 1975, economic indicators placed Spain among the twelve leading industrial countries. 25 years prior, the level of development was similar to that of some Latin American countries. From 1973-74, Spain suffered the same economic crisis as the Western world, motivated by higher oil prices.

Two days after the death of Franco, Juan Carlos I was proclaimed head of state. Arias Navarro, President of the Government, appointed the Cabinet, including Jose Maria Fraga Areilza and other personalities.

The Death of Franco: The First Government of Suárez

It was the opposition that took the initiative to begin demonstrations that triggered the constitutional process. They formed a provisional government to convene elections and envisioned courts to draft a constitution. The Board was established in 1975; Democratic Coordination joined to form a united front.

Strikes and street demonstrations created a climate that greatly influenced government decisions in conflicts. These were often economic in origin but were closely tied to the political situation. In 1976, the situation appeared deadlocked. An important sector of the Franco regime, known as the “bunker,” did not accept reforms, while the opposition lacked the power to impose its vision of rupture. Another sector of the Franco regime, concerned about Arias’s inability to act and encouraged by the King himself, chose a path of reform that would amend Franco’s laws and avoid the break advocated by the opposition.

Suárez’s First Government: Elections of June 1977

On June 30, 1976, Arias Navarro resigned, partly forced by the King, who needed to stabilize the monarchy. Adolfo Suárez, former Minister of the Movimiento Nacional, replaced him. He initiated contacts with the opposition and passed an amnesty. Suárez presented the draft of the Political Reform Act (LRP), which proclaimed democracy as the form of government and provided for the transformation of the Francoist Cortes into a Congress and a Senate elected by universal suffrage, allowing political parties to participate. The Act had five pillars of support:

  1. The strong support of the King.
  2. The general pressure of public opinion through the media, democratic parties, and trade unions. The fear of the dictatorship was dissolving.
  3. Important sectors such as finance and the Church accepted the possibility of change but wanted it controlled.
  4. Political change was considered appropriate to Western interests.
  5. Suárez offered hardliners certain guarantees, such as non-accountability for those involved in maintaining the dictatorship and the illegalization of the PCE (Communist Party of Spain).

The Political Reform Act was passed by referendum on December 15, 1976, but faced serious difficulties. In January, terrorist activities created a climate in which a return to authoritarianism seemed likely. In April, on Holy Saturday, Suárez took the decision to legalize the PCE.



Election June 1977

Parties in the election:

  • People’s Alliance (Fraga), which took on the role of the Francoist sociological base.
  • Democratic Center Union (UCD), organized around Suárez. It brought together liberal democrats, social democrats, and others, and would be the winning group in the elections.
  • PSOE (Spanish Socialist Workers’ Party).
  • In Catalonia, the political center had gathered around Pujol.
  • In the Basque Country, the PNV (Basque Nationalist Party) had a solid foothold. Other groups completed the picture.

Election of June 1977 Results

The Democratic Center Union, led by Adolfo Suárez, was the victor. The PSOE became the reference on the left. Popular Alliance failed resoundingly. The Communist Party performed far below expectations. The success of the left led Suárez to change his priorities and start the process of developing a constitution. A consensus text was chosen to avoid problems. A constitutional committee was formed, consisting of three representatives from UCD and one each from PSOE, AP, PCE, and Catalan nationalists.

Most Relevant Aspects of the Constitution of 1978:

  • Long Constitution (109 articles) and rigid, with a complicated reform process.
  • Title I (Rights and Freedoms) was the most discussed:
    • There was unanimity in the Establishment Clause of the state, though explicitly acknowledging the influence of the Catholic Church.
    • Established a comprehensive and detailed bill of rights and freedoms. Controversial issues included:
      • The death penalty, which was ultimately excluded.
      • Abortion: Ambiguous text was written to allow for later interpretations.
      • Education: A consensus text was adopted.
  • Title II: Monarchy
    • Parliamentary monarchy with moderating, arbitration, representation, and symbolic functions.
  • Title III: Legislature
    • Bicameral system:
      • The Congress, elected by proportional representation.
      • The Senate.
  • Title VIII: State Territorial Organization
    • Ambiguous language that could solve several problems at once:
      • To meet the demands of historical nationalist movements.
      • To respond to nationalist sentiment.
      • To establish a set of powers unique to the state and others accessible to nationalities and regions.
    • Autonomous communities were established in two categories.

The 1978 Constitution opened a period of democracy. In recent years, there have been calls for constitutional reform, especially in two aspects: the Senate, to make it a chamber that responds to the territorial reorganization of the regional state, and the succession to the Crown, to eliminate the preference for males, aligning with current trends in women’s equality in all areas.