Making of the Spanish Constitution of 1978

1977 General Elections and Aftermath

General elections were held on June 15, 1977. Election Day passed with absolute normality and a high turnout. The victory went to the Union of the Democratic Centre (UCD), which secured 166 seats, leaving the Spanish Socialist Workers' Party (PSOE) in second place. The so-called "Parents of the Spanish Constitution" were appointed by leaders of different parties: Manuel Fraga from the People's Alliance, Miquel Roca representing the Catalan minority, Gregorio Peces-Barba from the PSOE, Gabriel Cisneros, Pedro Pérez Llorca, and Miguel Herrero y Rodríguez de Miñón from the UCD, and Jordi Solé Tura from the Communist Party of Spain (PCE).

The Courts elected on June 15, 1977, were not formally constituent in character, but the opinion that their primary task was drafting a democratic constitution quickly gained traction.

Drafting the Constitution

The drafting of the Constitution initiated a policy of consensus-building to resolve key issues for the construction of democracy and address problems through negotiation and agreement between political forces.

The Constitution adopted a progressive character. The text was published in November 1978 and submitted to a referendum on December 6. The consultation showed a wide majority in favor, giving validity to a Constitution that remains in force today.

Key Features of the 1978 Constitution

The 1978 Constitution defines Spain as a "social and democratic state of law," organized as a parliamentary monarchy. The text establishes a non-confessional state, abolishes the death penalty, and develops a comprehensive bill of rights and civil and political freedoms, including the right to strike and organize freely. The Constitution also reflects guiding principles of social and economic policy. Furthermore, it establishes the right to autonomy for nationalities and regions and recognizes Castilian as the official language, in addition to other native languages in the Autonomous Communities.

Autonomy Process

The Constitution established the possibility for all regions to become autonomous, setting two separate procedures:

• A fast and complete procedure under Article 151, directly accessible to the historical nationalities (Catalonia, Galicia, and the Basque Country) and others meeting certain conditions, with the decision ratified by a referendum.
• A slower procedure, laid down in Article 143.

Most autonomous regions are governed by Article 143, with the exceptions of the historical nationalities, Navarre (governed by a special mechanism for its statutory system), and Andalusia, which had created the Junta de Andalucía in April 1978 and decided by referendum to pursue autonomy through the quicker Article 151 procedure.