Spanish Constitution of 1978 - Origins

Origins

See also: Constitutions of Spain

The constitutional history of Spain dates back to the Constitution of 1812. After the death of dictator Francisco Franco in 1975, a general election in 1977 convened the Constituent Cortes (the Spanish Parliament, in its capacity as a constitutional assembly) for the purpose of drafting and approving the constitution.

A seven-member panel was selected among the elected members of the Cortes to work on a draft of the Constitution to be submitted to the body. These came to be known, as the media put it, as the padres de la Constitución or "fathers of the Constitution". These seven people were chosen to represent the wide (and often, deeply divided) political spectrum within the Spanish Parliament, while the leading role was given to then ruling party and now defunct Unión de Centro Democrático (UCD).

  • Gabriel Cisneros (UCD)
  • José Pedro Pérez-Llorca (UCD)
  • Miguel Herrero y Rodríguez de Miñón (UCD)
  • Miquel Roca i Junyent es:Miquel Roca ca:Miquel Roca (Convergència i Unió)
  • Manuel Fraga Iribarne (Alianza Popular)
  • Gregorio Peces-Barba (PSOE)
  • Jordi Solé Tura (PSUC)

The writer (and Senator by Royal appointment) Camilo José Cela later polished the draft Constitution's wording. However, since much of the consensus depended on keeping the wording ambiguous, few of Cela's proposed re-wordings were approved. One of those accepted was the substitution of the archaic gualda ("weld-colored") for the plain amarillo (yellow) in the description of the flag of Spain.

The constitution was approved by the Cortes Generales on October 31, 1978, and by the Spanish people in a referendum on December 6, 1978. 88% of voters supported the new constitution. Finally, it was promulgated by King Juan Carlos on December 27. It came into effect on December 29, the day it was published in the Official Gazette. Constitution Day on December 6 has since been a national holiday in Spain.

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