Spain's Path to Democracy: The 1978 Constitution

1. The Transition to Democracy (1975-1978)

Following Franco’s death in 1975, Spain entered a period of transition from dictatorship to democracy. This era lasted until the creation of the Constitution of 1978. The process of change was characterized as:

• Tolerant
• Admired internationally
• A model to be followed by other countries

1.1. The Beginning of the Transition (1975-1976)

On 22 December 1975, Juan Carlos of Bourbon was crowned King of Spain. To change from a dictatorial regime to a democratic system, there were two alternatives:

• Drastic option: Immediate dissolution of the Francoist institutions, amnesty for political prisoners, legalization of political parties, and the summoning of a constituent parliament.
• Reformist option: Attain democracy by reforming the Francoist institutions and laws.

King Juan Carlos chose to follow the reformist way. After a short period of rule by the previous president, Arias Navarro, he appointed Adolfo Suárez as the new president of the government in July 1976.

1.2. The First Governments (1976-1978)

The government of Suárez faced a double challenge: to reform the system and bring democracy to Spain, and to confront the economic crisis of 1975. The Law for Political Reform (1976) was designed to break down the Francoist institutions. The law established:

1. Popular sovereignty.
2. A parliament with two chambers.
3. The authority to initiate a constitutional reform.
4. A popular referendum that was approved with 94% of the votes.

The Spanish people wanted to begin a period of freedom. The Electoral Law established that all political parties and trade unions were legalized. General elections were held on 15 June 1977. The result: UCD, founded by Adolfo Suárez, won. The new parliament had to prepare the Constitution.

The worldwide economic crisis, caused by the rise in oil prices, affected Spain by increasing the commercial deficit and the state debt, as well as rising inflation and unemployment. In 1977, the main political parties and trade unions signed the “Pactos de la Moncloa,” a social and political agreement on the measures to be taken that included:

• Wage moderation and employment flexibility.
• Tax reforms and public spending controls.
• An increase in unemployment benefits and more social expenditure.

2. The Constitution of 1978

On 6 December 1978, the Constitution was approved in a referendum. It is a fundamental law and the foundation for the structure of the state. It:

• Contains the rights and duties of the Spanish people.
• Regulates institutions.
• Establishes the autonomic model.

2.1. Fundamental Rights and Liberties

The Constitution recognizes rights and liberties guaranteed by the Constitutional Court.

Civil rights:

• Right to life and equality before the law.
• Religious freedom and the right to privacy.
• Freedom of expression, association, and assembly.

Social rights:

• Social security and an adequate environment.
• Employment and housing.