Key Aspects of Spain's 1978 Law

The Spanish Constitution of 1978

Origins and Historical Context

This document, Text 12, is a primary source concerning the Spanish Constitution of 1978, focusing on politic-juridic (law) themes. It was created by seven individuals representing various political forces: Miguel Herrero de Miñón, Gabriel Cisneros, and José Pedro Pérez-Llorca (UCD); Gregorio Peces-Barba (PSOE); Pauline Julien (PCE); Manuel Fraga (AP); and Miquel Roca (Catalan nationalists). These individuals were appointed in August 1977 to draft the constitution.

The context is the period following the death of the former dictator (Franco) and the appointment of King Juan Carlos in 1978. After the government was constituted, the Law for Political Reform was passed, establishing a bicameral parliament (Congress and Senate). This led to the first democratic elections on June 15, 1977, in which the UCD (Union of the Democratic Centre) won.

Key Features of the Constitution

The Spanish Constitution is the highest legal norm of the Spanish legal system. It was approved in a referendum on December 6, 1978, in which 67% of the census participated.

Structure of the Constitution

Its structure is divided into three parts:

• 1st Dogmatic Part (Articles 1-55): Defines the values and principles prevailing in society.
• 2nd Organic Part (Articles 56-165): Describes the basic bodies exercising state power.
• 3rd Part of Reform (Articles 166-169): Outlines aspects that need to be changed.

Fundamental Principles

The constitutional text contains the following principles:

• Spain is a democratic state.
• Sovereignty resides essentially in the nation.
• The state is a parliamentary monarchy.
• Spain's unity is compatible with national plurality, as the Spanish state is not unitary, nor federal, but autonomous.

Branches of Government

It states that the King is the Head of State, who approves and promulgates laws, dissolves parliament and calls elections, and is the Supreme Commander of the Armed Forces.

Legislative power is vested in two chambers elected by universal suffrage: the Congress of Deputies and the Senate. The Congress is the stronger chamber, as the Senate's role is primarily limited to endorsing legislation.

Executive power is vested in the Government, which heads domestic and foreign policy and depends for its permanence on the confidence of the legislature.

Judicial power is vested in the courts and tribunals.

Rights, Freedoms, and Duties

The Constitution includes a declaration of rights and freedoms, considered far advanced. As a novelty compared to earlier texts, it also includes numerous duties related to social and economic development.

Denominational Status

As for the denominational status, the state is declared secular, thus ensuring freedom of worship.

The State of Autonomy

The Constitution supports the distinction between regions, recognizing historical nationalities and other regions, establishing the process in two ways. Between 1979 and 1983, the process of creating the seventeen autonomous communities took place.

Legacy and Unresolved Issues

Finally, the Constitution stabilized democracy and provided continuity for the rights and freedoms of the citizen. To this day, some aspects remain unresolved and require reform: the law of succession, the role of the Senate (whose function is largely territorial), and the autonomy statutes.