Spain's Democratic Transition: Elections and Constitution

Spain's Democratic Transition: Elections, Constitution, and Autonomy

Elections

The Cortes (Parliament) were composed of two chambers: the Chamber of Deputies and the Senate. With the legalization of all political parties, Spain conducted its first democratic elections since the Second Republic. The UCD (led by Adolfo Suárez) received a plurality of votes, closely followed by the PSOE. The PCE suffered a strong setback. The AP (Popular Alliance) was penalized for its commitment to the Franco regime, virtually disappearing. Extreme-right nationalist parties obtained results that foreshadowed their future role.

The Constitution

The elections initiated a constituent process, as the newly formed Cortes lacked a foundational text to define governmental responsibilities, necessitating the drafting of a constitution. Despite significant difficulties, the constitution was drafted and approved after 18 months. Its complexity stemmed from the diverse starting points of the political parties:

• UCD: Defended the monarchy.
• PSOE: Demanded extensive rights.
• Catalan parties: Made demands regarding the territorial organization of the State.
• Basque nationalists: Sought national sovereignty.

The drafting of the Constitution was influenced by three main ideological currents:

• Liberalism: Emphasized individual rights (inviolable and inalienable), legal guarantees of rights and freedoms, separation of powers, and the submission of executive power to the law.
• Democratic Socialism: Advocated for capitalism as an economic model, but enabling state intervention to correct inequalities.
• Christian Humanism: Contributed principles of equality and participation, advocating for universal suffrage and public officials serving the common good.

The drafting committee included representatives from UCD (three members), PSOE, CIU, the Communists, and PA (one member each). While various versions were proposed, the final text was approved by the Congress of Deputies with only votes against from the extreme right and Basque nationalist parties, and subsequently put to a national referendum.

The Constitution comprised 169 articles. In its preliminary section, it defined Spain as a social and democratic state of law, proclaimed national sovereignty, established a parliamentary monarchy, affirmed the indissoluble unity of Spain, and recognized and protected the right to regional autonomy. Subsequent articles guaranteed human rights and freedoms, provided for the establishment of a secular state, and enshrined rights such as strike action and education, along with defining the age of majority.

It also established the separation of powers:

• Legislative: The Parliament (Cortes Generales).
• Executive: The Government.
• Judicial: Independent judges and courts.