The Spanish Constitution of 1978 and Democratic Transition

The Drafting of the Spanish Constitution

The fundamental task of the new Cortes was drafting the constitution. In the process of establishing a constitutional government, Adolfo Suárez faced the economic crisis (the 1973 oil crisis). In July 1977, the second government of Adolfo Suárez was constituted, initiating the autonomy process, negotiations with the EEC, economic reform (the Moncloa Pacts), and the drafting of a constitution.

The wording of this document resulted from an agreement between different political parties. A committee of seven people, known as the "Fathers of the Constitution," was responsible for developing a draft. Although there were discrepancies, the commission reached an agreement, and the text was approved in the bicameral Cortes. On December 6, 1978, the people approved it in a referendum.

Structure and Key Features

This is a brief constitution that includes 169 articles organized into 11 titles (a Preliminary Title plus 10 additional titles). Some of these titles are organized into chapters and sections. Key features of this constitution include:

• Democratic and Social State: Spain is a democratic and social state of law (Preliminary Title, Section 1.1).
• Popular Sovereignty: Sovereignty resides in the people, from which all powers emanate (Article 1.2). Universal suffrage is free, direct, and secret.
• Strict Separation of Powers:
  • Executive: Composed of the government, which is a collegial body; the Prime Minister has preeminent power.
  • Legislative: Represented by the Cortes (Congress and Senate).
  • Judicial: Courts possess the power of justice.
  The separation of powers does not prevent the executive and legislative branches from interacting (Title V).
• Parliamentary Monarchy: The form of State is a parliamentary monarchy (hereditary, perpetual, and constitutional). The monarch is the Head of State, but their power is very limited: "the King reigns but does not govern." Their functions are symbolic, representative, and arbitrating or moderating (Article 1.3).
• Secular State: The state is secular; public authorities shall take into account the Spanish situation and maintain cooperative relations with the Catholic Church and other religions (Article 16).
• National Unity and Autonomy: The indissolubility of the Spanish nation is recognized, while guaranteeing the right to autonomy for the regions that compose it, including broad powers and self-government (Article 2).
• Bill of Rights: A wide bill of rights (fundamental, civil-political, and socio-economic), the largest to date.
• Mixed Economic Model: A model (capitalism and communism) that recognizes private property and free markets, but also allows for State intervention (Title VII).

With the constitution, the transition was completed.