The Spanish Constitution of 1978: Adoption and Structure
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Historical Context and Adoption
- November 22, 1975: Joint session of the Council of the Realm and the Cortes, proclaiming the King.
- January 4, 1977: Political Reform Act promulgated.
- June 15, 1977: General Election held.
- October 31, 1978: The drafted text was approved by the full Congress and the Senate.
- December 6, 1978: Submitted to national referendum.
- December 27, 1978: The King, in a joint session of both Houses, sanctioned and promulgated the Constitution.
- December 29, 1978: Published in the BOE (Official State Gazette), entering into effect that day.
Structure of the Constitution
Preamble
Collects the principles underlying the articles.
Preliminary Title (Arts. 1–9)
The general principles of constitutional order.
Part I: Fundamental Rights and Duties (Arts. 10–55)
- Article 10: Rights of the person.
Chapter 1: On Spaniards and Foreigners (Arts. 11–13)
Chapter 2: Rights and Freedoms (Arts. 14–38)
- Article 14: Equality before the law.
Section 1: Fundamental Rights and Public Freedoms (Arts. 15–29)
Section 2: Rights and Duties of Citizens (Arts. 30–38)
Chapter 3: Principles Guiding Social and Economic Policy (Arts. 39–52)
Chapter 4: Guarantees of Fundamental Rights and Freedoms (Arts. 53–54)
Chapter 5: Suspension of Rights and Freedoms (Art. 55)
Part II: The Crown (Arts. 56–65)
Part III: The Cortes Generales (Arts. 66–96)
Chapter 1: The Chambers (Arts. 66–80)
Chapter 2: On the Elaboration of Laws (Arts. 81–92)
Chapter 3: On International Treaties (Arts. 93–96)
Part IV: The Government and Administration (Arts. 97–107)
Title V: Relations between the Government and the Parliament (Arts. 108–116)
Title VI: Judicial Power (Arts. 117–127)
Title VII: Economy and Finance (Arts. 128–136)
Title VIII: Territorial Organization of the State (Arts. 137–158)
Chapter 1: General Principles (Arts. 137–139)
Chapter 2: Local Administration (Arts. 140–142)
Chapter 3: The Autonomous Communities (Arts. 143–158)
Title IX: The Constitutional Court (Arts. 159–165)
Title X: Constitutional Amendment (Arts. 166–169)
Final Provisions
- Four Additional Provisions.
- Nine Transitional Provisions.
- A Repeal Provision.
- A Final Provision.