Spain's Supreme Law: The 1978 Constitution and Its Reform

The Spanish Constitution: Supreme Law of Spain

The Spanish Constitution stands as the supreme law of the Spanish legal system, to which both authorities and citizens of Spain are subject.

Purpose and Core Principles

The development of a constitutional text primarily aims to define the functions of state powers and establish citizen guarantees. With the creation of the Spanish Constitution, Spain transitioned to a social and democratic state of law, advocating values such as freedom, justice, and equality. Furthermore, the Constitution entrenches the principle of national sovereignty, which resides in the people, and establishes a parliamentary monarchy as the form of government. The King serves as Head of State, and the division of powers, a fundamental idea of liberal thought, is perfectly enshrined in our Constitution.

Constitutional Reform in Spain

Reforming the Constitution is not easy; however, some argue it is the only way for this fundamental law to secure its future. The Spanish Constitution of 1978 has a rigid character, implying the existence of two distinct procedures for its amendment. Constitutional reform initiatives can be proposed by the Government, the Congress of Deputies, or the Senate.

Normal Reform Procedure

The normal procedure requires the approval of the reform initiative by a three-fifths (3/5) majority in both the Congress of Deputies and the Senate. Should disagreement arise between the two chambers, a joint committee is formed to propose a consensus text, which is then submitted to a new vote. Finally, one-tenth (1/10) of the deputies and senators may request that the text approved by the Cortes Generales be put to a popular referendum.

Aggravated Reform Procedure

The aggravated procedure is reserved for the reform of fundamental rights and public freedoms, as well as matters related to the Crown. Its approval requires a two-thirds (2/3) majority in both chambers, followed by the immediate dissolution of the Cortes Generales. After the subsequent general election, the newly elected Cortes Generales must re-approve the amendment by a new two-thirds (2/3) majority. Finally, the reform is approved only if it receives ratification through a mandatory referendum.

The Enduring Legacy of the 1978 Constitution

In conclusion, the 1978 Spanish Constitution stands as a landmark achievement, being the first with full normative force. Its influence on Spain's social and political life is incomparable to any of the previous constitutions. As the supreme law, it emanates directly from the constituent power residing in the Spanish people. It was also the first to be approved by a broad consensus among the majority of parliamentarians. While the Constitution is subject to constant criticism and numerous reform proposals, many of these are not seriously founded. Only truly necessary changes should be considered.