Spain's Transition to Democracy: Key Events and Constitution

Spain's Path to Democracy

The law mandated general elections but required the legalization of all political parties. In early 1977, the right of political association was regulated, leading to the legalization of approximately 150 parties. International credibility for the elections hinged on this legalization, with the PCE's legalization posing a significant challenge.

After negotiations, particularly with Santiago Carrillo, President Suarez legalized the PCE on April 9, a move seen as courageous and decisive for Spanish reconciliation. This decision caused unrest in the military, leading to the resignation of the Marine minister. General elections, the first since February 16, 1936, were called for June 15, 1977.

The elected Parliament, initially not a Constituent Assembly, transformed itself into one. A constitutional paper was drafted in the summer of that year by Gabriel Cisneros, Miguel Herrero, and Jose Pedro Miñon Perez Llorca (UCD), Manuel Fraga (AP), Migue Roca (SIC), Gregorio Peces Barba (PSOE), and Jordi Sole Tura (PCE).

The Spanish Constitution

From the summer of 1977 to 1978, the constitutional paper was extensively worked on. By late summer 1978, the Constitution was debated in the Senate. It was passed on October 31, 1978, in a joint session of Congress and the Senate. A national referendum approved it on December 6, 1978. The King sanctioned it on January 27, and it came into force two days later.

The Constitution defines Spain as a social and democratic state of law, returning sovereignty to the people. It establishes a broad range of citizens' rights and duties, the division of power, and a new territorial organization into autonomous regions. It also creates the Ombudsman, the Constitutional Court, and mechanisms for constitutional reform.

Key Factors for Democratic Success

Democracy in Spain was achieved due to:

• The clear will of the King of Spain to establish a real democracy.
• The majority of Spanish people desiring democracy as a framework for civilized society, avoiding past traumas.

Despite attempts to undermine the new democratic state, the most serious was the February 23, 1981 coup attempt. Its failure was due to the people's strong support for democracy. On February 24, 1981, a million people marched in support of democracy after the assault on the Congress of Deputies by the Guardia Civil.