The Spanish Transition and the Creation of the Autonomous State
Spain’s Transition to Democracy
The Transition refers to the process by which Spain moved from the dictatorship of Francisco Franco to a democratic and social state governed by the rule of law. King Juan Carlos I, upon being proclaimed king, swore to uphold the fundamental principles of the National Movement. However, he maintained contacts with Spanish and European political figures and was aware of the progressive decomposition of the Franco regime. Even the National Catholic Church began to distance itself.
Within Francoism, two sectors emerged:
- The Immovilists: Primarily composed of old Falangists and members of the military, they believed in the possibility of a vertical unionism without Franco.
- The Aperturists: Led by figures like Fraga and Silva, they sought to create political associations, recognizing that the regime could not survive Franco’s death.
Outside the regime, there were also divisions:
- Moderates: Leaders who had limited contact with the Franco regime, unlike the opposition. Supporters of King Juan Carlos I were Bourbon monarchists.
- Radicals: Representing the traditional and historical left, they viewed the transition as a betrayal of the working class.
The King was able to support this change, provided he maintained the unified focus of the inevitable effective power: the army. A consensus triumphed among the main political figures of the regime, who favored reform over rupture. Spanish society also largely accepted the need for progressive change.
The 1978 Constitution
The Law for Political Reform finally allowed for the activity of all political parties and freedom of association. The first democratic elections were held on June 15th, with 106 parties participating. Four major political forces emerged:
- UCD (Union of the Democratic Centre) led by Adolfo Suárez.
- PSOE (Spanish Socialist Workers’ Party) led by Felipe González.
- PCE (Communist Party of Spain) led by Santiago Carrillo.
- AP (People’s Alliance) led by Manuel Fraga.
Nationalist parties like the PNV (Basque Nationalist Party) and CDC (Democratic Convergence of Catalonia) also played a significant role. The UCD, a group sponsored by Suárez himself, won the elections, followed by the PSOE.
The newly formed Constituent Cortes appointed a committee to draft a consensus-based Constitution, a sort of agreement between the main political forces. During 1978, these forces worked on drafting a constitution acceptable to all. The consensus primarily focused on respecting the market economy and national unity within a structured autonomous state. The Constitution was approved on December 4th of that year.
The Spanish state is defined as a social and democratic state governed by the rule of law, with the supreme values of freedom, justice, equality, and political pluralism. It is structured as an autonomous state, similar to federal states. The Constitution enshrines the classic division of the three democratic powers:
- Legislative power rests with the bicameral Cortes Generales (Parliament).
- Executive power is held by the government and administration.
The Autonomous Communities also have their own legislatures and governments, as well as Superior Courts of Justice.
Other constitutional bodies include:
- The Crown
- The Ombudsman
- The Constitutional Court
- The Court of Accounts
- The Council of State
The Spanish Constitution contains a thorough treatment of citizens’ rights and freedoms.
Spanish Law
In addition to the Constitution, Spanish law includes:
- Organic Laws, which develop the Constitution.
- Ordinary Laws, which include codes (except the Criminal Code).
The Spanish legal system also comprises special laws on various subjects.
Autonomous Communities
The Autonomous Communities, with their self-governing territories, are the main administrative divisions of the Spanish State. The 1978 Constitution is based on the indissoluble unity of the nation but recognizes and guarantees the right to autonomy for the nationalities and regions that comprise it. Provinces with common historical, cultural, and economic characteristics have formed Autonomous Communities.
The State recognizes and protects the Statutes of Autonomy as part of the legal system. These statutes must include the name of the community and the delimitation of its territory. There are matters that are the sole responsibility of the State, although it may transfer or delegate some powers. Other matters are the responsibility of each community, and some are shared competencies.
Each Autonomy must have a legislative assembly, a governing council with executive and administrative functions, a president, and a Superior Court of Justice. The implementation of the autonomous state began in 1984, with the approval of several laws, such as the Organic Law of Finance and the Law Governing the Bases of Local Government.