Spanish Constitution Day

Spanish Constitution Day

SPANISH CONSTITUTION DAY

The Transition and the Constitution

The Spanish transition is the historical period in which Spain leaves behind the dictatorial regime of General Franco to become a democratic country. It is the period between the proclamation of Juan Carlos I as king of Spain on 22 November 1975 and the coming into force of the Spanish Constitution on 29 December 1978.

For the drafting of the Constitution, the Spanish parliament formed a group composed of the so-called 'fathers of the Constitution', who worked in the drafting of the new text, with the consensus of the major political forces. The fathers of the Constitution were seven: Gabriel Cisneros, Herrero de Miñón and Pérez LLorca (UCD: Union of the Democratic Centre), Manuel Fraga Iribarne (AP: Popular Alliance), Gregorio Peces-Barba (PSOE:Spanish Socialist Workers' Party), Jordi Solé Tura (PCE: Communist Party of Spain) and Miguel Roca (CiU: Convergencia i Unió).

Before consulting the people, the text had to be jointly approved by the Parliament (the Congress of Deputies and the Senate). Subsequently, on December 6, the Constitution was submitted to a referendum and was approved by a large majority of Spaniards, except for some provinces and the Basque country, where there was a significant abstention. Finally, the King passed the Constitution on 27 December and it was published in the Official Bulletin of the State on 29 December, thus culminating the period called the Spanish transition.

Main features of 1978 Constitution

The Spanish Constitution of 1978 is the supreme law in the Kingdom of Spain, to which public authorities and the citizens of Spain are subject since 29 December 1978.

The constitution is organized in separate sections called Titles; in addition it has a Preamble at the beginning and some Provisions at the end. Each title is organized into Chapters and these into articles. Our Constitution has a total of 169 articles.

The Constitution, in its Preliminary Title promulgates a social and democratic state of law that proclaims freedom, justice, equality and political pluralism as supreme values. Likewise, it strengthens the principle of popular sovereignty and establishes the Parliamentary Monarchy as a form of government.

The territorial organization is based on the autonomy of Municipalities, Provinces and Autonomous Regions, the solidarity principle governing among them.

The King is the head of State, who performs functions of symbolic nature and lacks effective power of decision.

The division of powers is the centrepiece of the political system. At the base, national sovereignty allows the election of the representatives of the sovereign people by universal suffrage (right to which all Spaniards over 18 are entitled). The representatives are deputies and senators. The parliament is formed by two chambers: the Congress and the Senate, both chambers share legislative power, even though there is a preponderance of the Congress, which also is the exclusive institution in charge of the investiture of the President of the Government and its possible cessation by a censure motion. However, both the Congress and the Senate exercise a task of political control over the Government through parliamentary questions.

The Government leads the executive power, including Public Administration. The members of the Government, the ministers, are appointed by the President, together with whom they form the Cabinet (Council of Ministers), highest body of the Executive power.

The Government answers to the Congress of Deputies for its political actions and the Congress can dismiss the Government by means of a censure motion, which must necessarily include an alternative candidate that will be invested as President of the Government.

Judicial power is vested in the judges and the General Council of the Judiciary as its highest governing body. The Constitutional Court controls that the laws and actions of the public administration conform to the Constitution.

  • Say if the following statements are true or false. Give evidence from the text.
  • Juan Carlos I was proclaimed as king of Spain on29 December 1978.

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  1. Herrero de Miñón was a representative from Union of the Democratic Centre.

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  1. The Constitution was approved by a large majority in all the provinces of Spain.

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  1. The Constitution came into force on 27 December.

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  1. The Constitution draft was written by the fathers of the Constitution

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  1. The territorial organization is based on the principles of autonomy and solidarity.

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  1. The King is the head of State but his functions are only symbolic.

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  1. The Congress, together with the Senate, is in charge of the investiture of the President of the Government.

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  1. The Congress has more legislative power than the Senate.

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  1. Judicial power is represented by judges.

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  • Answer the following questions.
  • When did the Constitution come into force?

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  1. What body represents legislative power?

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  1. What body represents executive power?

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  1. What form of government is established by the Constitution?

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  1. What is a constitution?

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