The Spanish Constitution of 1978

Political Reform and the Transition to Democracy

In October 1976, Prime Minister Adolfo Suárez initiated the political reform process by presenting the Political Reform Act to Parliament. This act aimed to replace Francoist courts with democratically elected ones, paving the way for a constituent assembly and the legalization of political parties (excluding the Communist Party of Spain (PCE) initially). The referendum held on December 15, 1976, saw overwhelming support for the reform, marking a significant step towards dismantling the Franco regime from within. Following the referendum, preparations began for general elections to the Constituent Cortes, held in June 1977. Prior to the elections, political prisoners were granted amnesty and the right to strike was legalized. The legalization of the PCE during Holy Week 1977, while facing opposition from Franco’s right-wing and some military ranks, demonstrated Spain’s commitment to becoming a fully democratic country.

The 1977 Elections and the Constituent Cortes

The 1977 elections saw the rise of new political parties and coalitions. The Union of the Democratic Centre (UCD), presenting itself as a centrist party, emerged victorious. The Spanish Socialist Workers’ Party (PSOE), led by Felipe González, also gained significant support. Both parties were flanked by the PCE on the left and the People’s Alliance (AP) on the right, each with representation in parliament.

Drafting and Approving the Constitution

The Constituent Parliament, driven by a spirit of consensus, delegated the drafting of the constitution to a committee representing the various political factions. This ensured a text adaptable to different governing parties. The constitution was approved by referendum on December 6, 1978, with broad popular support, except in the Basque Country.

Key Features of the Constitution

The Constitution establishes Spain as a parliamentary monarchy, with the King as Head of State sharing executive power with a democratically elected government. Legislative power resides in the Spanish Parliament, composed of the Congress of Deputies (lower house) and the Senate (upper house). Spain is defined as a social democratic state, upholding welfare state policies like healthcare and public education. National sovereignty is enshrined, with state power emanating from the people.

Regional Autonomy and National Unity

The Constitution recognizes the right to self-government for the different regions and nationalities within Spain, while emphasizing the indissoluble unity of the Spanish nation. This paved the way for the creation of Autonomous Communities. No official state religion is established, although cooperative relations with the Catholic Church are maintained.

Constitutional Reform

The Constitution provides for statutory reform of the Autonomous Communities, a process currently underway in regions like the Canary Islands, Catalonia, and the Basque Country. Any such reform requires approval by the general courts, reflecting the rigid nature of the Spanish Constitution.

Current Issues and Debates

Current debates surrounding the Constitution include potential reforms related to the succession to the Head of State and the role of the Senate, with proposals to transform it into a chamber representing the Autonomous Communities.