Spain's 1978 Constitution: Foundation of Modern Democracy

The 1978 Spanish Constitution: Cornerstone of Modern Spain

We are examining a constitutional text, adopted by referendum on December 6 and promulgated on December 29, 1978. This document is a pivotal part of Spain's historical period of transition, which led the nation from a dictatorship to a monarchical, democratic, and parliamentary regime. Developed by representatives of various political parties within the Constituent Assembly formed for this purpose, it is directed to the Spanish nation and is therefore publicly accessible.

Historical Context: Spain's Democratic Transition

This Constitution is the fundamental law that enabled the creation of a new democratic state and shaped the "Spain of Autonomies." The historical context surrounding its publication is known as the democratic transition period, a time of restoring democratic institutions in Spain between 1975 and 1982. This transition began with the death of Francisco Franco in 1975 and the subsequent proclamation of Juan Carlos I as King and Head of State.

Following the formation of the government of Adolfo Suárez, the Law for Political Reform was approved, which established a new bicameral legislature: the Congress of Deputies and the Senate.

Key Characteristics of the 1978 Constitution

The 1978 Constitution is one of the most extensive constitutional texts in Spanish history, comprising 169 articles. It is not a partisan constitution, as it was the result of a broad political consensus between forces from both the left and the right.

Fundamental Principles

• Spain is a democratic state, where sovereignty resides essentially in the nation.
• The form of state is a parliamentary monarchy.
• Spain's unity is compatible with national plurality.
• The Spanish state is neither unitary nor federal, but autonomic.

Structure of Power and Rights

The Constitution defines the distribution of powers and guarantees fundamental rights:

• Head of State: The King. The monarch sanctions and promulgates laws, dissolves the Cortes Generales, calls elections, and is the Commander-in-Chief of the Armed Forces.
• Legislative Power: Vested in two chambers elected by universal suffrage: the Congress of Deputies and the Senate. The Congress holds greater weight, as the Senate is primarily limited to endorsing legislation.
• Executive Power: Vested in the Government, which directs domestic and foreign policy and depends on the confidence of the legislature for its retention.
• Judicial Power: Vested in the courts.

A significant novelty compared to earlier texts, the 1978 Constitution includes an advanced declaration of rights and freedoms, incorporating a range of social and economic rights.

Secular State and Religious Freedom

With regard to denominational status, Spain is declared a secular state, thus guaranteeing freedom of religion for all citizens.

The State of Autonomies: Regional Governance

The Constitution addresses the distinct historical identities of regions, distinguishing historical nationalities from other regions, which led to the establishment of two routes for autonomy:

• Article 151 (The "Fast Track"): This route allowed access to the highest level of competence and was designed for the historical nationalities (Catalonia, Basque Country, Galicia) and Andalusia.
• Article 143 (The "Slow Track"): This route was for the rest of the regions, allowing them to assume all competencies within five years.

Between 1979 and 1983, the process was carried out, leading to the creation of the seventeen Autonomous Communities that form modern Spain.