Definition of the Spanish Constitution of 1978

It is the document that, for many, settles the dictatorial stage in Spain, going from Francoism to a democracy modern at the height of the most consolidated in the world, while for others it is the material proof of that the sociological Francoism is still alive, a base flawed document although it allows certain freedoms. The Constitution Española de 1978 generated consensus at the time, controversial much later and which continues today.

The current Spanish Constitution constitutes the supreme norm of the Spanish legal system, having entered into force on December 29, 1978.

The text was submitted to a referendum by the citizenship on December 6 of the same year, sanctioned by King Juan Carlos I on December 27, and published in the B.O.E. (Official State Gazette) on 29, a step that led to its entry into force.

The history of the drafting of the constitution is that of an agreement to accommodate multiple sensitivities and ideas, both political and of Spain itself.

We must think that the text sought to satisfy from the moderate Francoists (the extreme right was something impossible) to the Communists, from the territories that demanded autonomy (such as Catalonia or the Basque Country), to those who were jealous of the unity of Spain as a country.

It was not an easy exercise, which was also gripped so much by the so-called "rumor of sabers" (threats more or less evenings of the Francoist military to organize a coup), as well as for the terrorism of organizations such as ETA or GRAPO.

The assignments made by each other (leaving aside possible considerations about who did more and who did less) allowed a consensus on a text for approval by the citizens.

Despite the agreement, a later review of history has also pointed to a boredom of Francoism that led to voting the text as “this better than nothing”On the part of some, although in general, at the time the text attracted the approval of the majority of Spaniards.

The result of the referendum was 91.81% of the votes in favor compared to 8.19% against, with a participation 67.11%. Only in the provinces that make up the Basque Country, an approval percentage of 50% was not reached on the total of voters (not so on the counted votes).

Some political parties were also against the constitutional text for not recognizing some of the historical rights of their regions. This was the case of the Basque band Herri Batasuna, or the Catalan Esquerra Republicana de Catalunya.

Turning to what the constitutional text is, it consists - like all the constitutions of all countries - in a compendium of rights and duties of the Spanish citizens, as well as articles referring to the territorial organization, the state, and references to the role of Spain as an entity towards its citizens and in the world.

Among other sections, the Spanish Constitution of 1978 indicates:

• Establishes the parliamentary monarchy as a form of government. The king is the head of state, a position he occupies for life from the time he takes office until he dies or abdicates. The king is also a citizen, being bound by the laws, but with special consideration due to his status as head of state and being the highest representative of Spain. There is also a consideration of what and who is part of the family real and your rights and duties.


• Territorial organization of Spain. In addition to the so-called "indissoluble unity" of the country, the Constitution also articulates the organization of the territory in autonomous communities and the subsequent divisions: provinces, counties and municipalities.


• Order the different powers: executive, legislative, and judicial.


• Rights and duties of Spanish citizens. These include the fact that all citizens are equal before the law (although afterwards, certain positions enjoy a certain immunity from according to what practices), they can participate in the institutions, and they have the right of association. The right to strike is also considered extremely important.


• Rights of foreignersBoth those who are temporarily in Spain (for example, on a leisure trip), and those who reside temporarily. Likewise, it defines how to obtain Spanish nationality.


• Freedoms. Religious (the state becomes officially secular, although the Catholic Church continues to have a series of perks), ideological, expression, circulation and information, among others.


• Right to education. This is guaranteed through a network of public schools, in addition to granting a margin of action for private schools.

Constitutional reforms in Spain do not have a simple mechanism.

Unlike, for example, the United States, where there is a very simple mechanism based on amendments that allows to keep the text base and modify aspects of the constitution, in Spain the mechanism is much more complex, which has led to very few changes since its approval.

The last change suffered was on the succession to the crown, to allow access to the throne to the daughters of King Felipe VI.

In recent years there has been a certain historical revisionism on the role of the Constitution and its text.

Said revisionism is given both by those who profess a left-wing ideology, and by the formation politics WE CAN, as on the part of the Basque and Catalan independence movements, with special emphasis on the latter, which has created tensions at the state level in Spain, also questioning the constitutional framework.

Its historical role has also been questioned, giving greater importance to the intimidating role of the army and Franco's politicians during its writing, that the concessions that were made by all the parts.

This "revisionist" movement has led to popular demands for a profound modification of the constitutional text, or directly for its repeal. although still a minority if we take the entire Spanish territory as a reference, leaving aside majority demands in regions such as Catalonia or the Country Basque.

Photo: Fotolia - Rook76

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