{{PoliticsES}}
The '''Spanish Constitution of 1978''' is the culmination of the Spanish_transition_to_democracy.
===Origins===
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'' (parliament) for the purpose of drafting and approving a 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 so-called "Fathers of the Constitution" were:
*Gabriel Cisneros
*José Pedro Pérez-Llorca
*Miguel Herrero de Miñón
*Miquel Roca
*Manuel_Fraga_Iribarne
*Gregorio Peces-Barba
*Jordi Solé Tura
Among the contributors there was the writer and senator for royal appointment Camilo_José_Cela (later Nobel Prize of Literature), who corrected the usage.
However since a good deal of the consensus involved ambiguity of language, not many of Cela's proposals were passed.
One of the accepted ones was the substitution the archaic ''gualda'' ("Wheat-colored") for the plain ''amarillo'' ("yellow") in the description of the Flag_of_Spain{{ref|Cela}}.
The constitution was approved by the Cortes_Generales on October_31, 1978, and by the Spanish people in a Referendum on December_6, 1978, before being 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.
===Preamble===
Writing the preamble of the constitution was considered an honour, and a task requiring great literary ability. The person chosen for this purpose was Enrique_Tierno_Galván. The full text of the preamble states:
:''The Spanish Nation, wishing to establish justice, liberty and security, and to promote the welfare of all who make part of it, in use of her sovereignty, proclaims its will to:''
::''Guarantee democratic life within the Constitution and the laws according to a just economic and social order.''
::''Consolidate a State ensuring the Rule_of_law as an expression of the will of the people.''
::''Protect all Spaniards and all the peoples of Spain in the exercise of Human_rights, their cultures and traditions, languages and institutions.''
::''Promote the progress of culture and the economy to ensure a dignified quality of life for all''
::''Establish an advanced democratic society, and''
::''Collaborate in the strengthening of peaceful and efficient cooperation among all the peoples of the Earth.''
:''Consequently, the ''Cortes'' approve and the Spanish people ratify the following Constitution.''
==Reform==
The '''Spanish Constitution''' has been reformed once (''Article 13.2'', ''Title I'') to extend to citizens of the European_Union the right to active and Passive_suffrage (both voting rights and eligibility as candidates) in local elections.
The socialist government of José_Luis_Rodríguez_Zapatero has announced its intention to undertake a major reform of the constitution during its tenure. The proposed modifications would include
# succession in the monarchy on the basis of age only, and not gender, thus abandoning the traditional Castilian rules set in the ''Siete_Partidas''. While the rights of the current heir apparent Felipe,_Prince_of_Asturias, are to be maintained, the goal is to reform before his eventual children are born. This issue has been refreshed when Felipe's wife, Letizia, announced her pregnancy and after the birth of the Infanta_Leonor_of_Spain.
# an overhaul of the Spanish_Senate transforming it into a chamber of territorial representation
# officially incorporating the European_Constitution (should one be approved)
# modifying the organisation of the autonomous communities
The proposal has been met with scepticism from some quarters (notably the main opposition party PP) because some of these reforms affect ''protected'' sections of the constitution, which would require strong supermajorities in order to be modified (see below). Furthermore, even an amendment of a non-protected part of the Constitution would require PP agreement, because requires the support of 3/5 of each House, which is 210 votes in the Congress of Deputies and 156 in the Senate. The maximum majority ''without'' the PP is 202 votes in the Congress of Deputies and 133 in the Senate.
===Protected provisions===
The Constitution itself determines in Title X that a new constitution must be written, should there be the need to reform the Preliminary Title; Title I, Section I, Chapter II; or Title II. These "special" sections indicate what the drafters of the constitution considered fundamental about the Regime they were establishing: that the "fundamental rights and public liberties" cannot be changed without Regime_change; and that Spain is a Constitutional_monarchy. From a logical point of view, since Title X does not protect itself, it would be possible to first reform Title X and then change the previously protected articles.
===The reform of the autonomy statutes===
The plan conducted by the Basque_president Juan_José_Ibarretxe (known as Ibarretxe Plan) to reform the status of the Basque Country in the Spanish state has been rejected by the Spanish Cortes, on the grounds (among others) that it amounts to an implicit reform of the Constitution.
The People's Party has attempted to reject the admission in Cortes of the 2005 reform of the Autonomy_Statute_of_Catalonia on the grounds that it should be dealt with as a constitutional reform rather than a mere statute reform.
==Notes==
*{{note|Cela}} El caminio de la Constitución en el Senado y la Comisión Mixta by Antonio_Fontán from ''Historia de la Transición'', Diario_16, Madrid, october 1983 - april 1984, pages 552-555
== External links ==
{{Wikisource}}
* Spanish full text at the site of the 25th anniversary, also in Catalan, Basque, Galician and Valencian. Unofficial translations in English and French.
*Constitución española de 1978 at Wikisource
Category:Constitutions
Category:1978_in_law
Category:Government_of_Spain
Category:Politics_of_Spain
De:Verfassung_des_Königreiches_Spanien
Es:Constitución_española_de_1978