
The Spanish Constitution, enacted in 1978, is the supreme law of the Kingdom of Spain. It was approved by the Cortes Generales on 31 October 1978 and by the Spanish people in a referendum on 6 December 1978, with 91.81% voter support. The constitution was sanctioned by King Juan Carlos I on 27 December 1978 and came into effect on 29 December 1978, marking a significant shift from dictatorship to democracy in Spain.
| Characteristics | Values |
|---|---|
| Date of signing | 27 December 1978 |
| Date of approval by the Cortes Generales | 31 October 1978 |
| Date of approval by the Spanish people in a referendum | 6 December 1978 |
| Percentage of voters who supported the new constitution | 91.81% |
| Date of publication in the Boletín Oficial del Estado (Official Gazette) | 29 December 1978 |
| Date the constitution came into effect | 29 December 1978 |
| Date of the death of dictator Francisco Franco | 20 November 1975 |
| Date of the first general elections after Franco's death | 1977 |
| Date of the first general elections after the constitution was approved | 1979 |
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What You'll Learn
- The Spanish Constitution was approved by the Cortes Generales on 31 October 1978
- It was then approved by the Spanish people in a referendum on 6 December 1978
- The Spanish Constitution came into effect on 29 December 1978
- The Spanish Constitution is the supreme law of the Kingdom of Spain
- The Spanish Constitution was a negotiated compromise between major parties

The Spanish Constitution was approved by the Cortes Generales on 31 October 1978
The 1978 Constitution was drafted by a seven-member panel, known as the "fathers of the Constitution," who were chosen to represent the diverse and often divided political spectrum within the Spanish Parliament. The draft underwent revisions, with writer and Senator by Royal appointment, Camilo José Cela, polishing the wording. However, maintaining ambiguity in the language to foster consensus resulted in only a few of Cela's proposed changes being accepted.
The Spanish Constitution of 1978 is the current supreme law of the Kingdom of Spain. It establishes a parliamentary democracy, devolving power to the regions and granting them their own governments, regional assemblies, and supreme legal authorities. The central government retains exclusive responsibility for critical areas such as foreign affairs, external trade, defence, and justice, among others.
The Constitution was approved by the Spanish people in a referendum on 6 December 1978, with an overwhelming 91.81% voter support. It was then sanctioned by King Juan Carlos I on 27 December 1978 and published in the Boletín Oficial del Estado (Official Gazette) on 29 December, the date it came into effect. This day is now celebrated as Constitution Day (Día de la Constitución), a national holiday in Spain.
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It was then approved by the Spanish people in a referendum on 6 December 1978
The Spanish Constitution was approved by the Spanish people in a referendum on 6 December 1978. This was a pivotal moment in Spain's transition to democracy, marking a shift from the Francoist regime to a democratic state. The referendum saw an overwhelming majority of 91.81% of voters supporting the new constitution.
The road to the referendum began with the death of dictator Francisco Franco in 1975, which signalled the end of nearly four decades of dictatorship. This opened the door for political change, with political parties being legalised in 1977 and the first general elections taking place in 1979. The constitution-making process was a collaborative effort, with a seven-member panel representing the diverse political spectrum within the Spanish Parliament. The draft constitution was then refined by writer and Senator by Royal appointment, Camilo José Cela.
The constitution's main objective was to devolve power to the regions, granting them self-governance, regional assemblies, and supreme legal authorities. This resulted in a decentralised unitary state, often referred to as an autonomous state or "state of the autonomies". The central government retained control over key areas such as foreign affairs, external trade, defence, and justice.
The referendum played a crucial role in legitimising the new constitution, demonstrating widespread public support for the transition to democracy. The high voter approval set the stage for further political, social, and historical changes in Spain. Since then, Constitution Day on 6 December has been celebrated as a national holiday, commemorating this significant step towards democracy and the rights and freedoms it enshrined.
The Spanish Constitution of 1978, sanctioned by King Juan Carlos I, represents a negotiated compromise among the major political parties. It repealed several important Spanish laws, including the Fundamental Laws of the Realm, and served as the foundation for Spain's democratic future, setting the tone for subsequent elections and governmental changes.
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The Spanish Constitution came into effect on 29 December 1978
The Constitution's enactment was a complex and lengthy process, involving multiple stages and stakeholders. It was drafted by a seven-member panel, known as the "fathers of the Constitution," who represented the diverse and often divided political spectrum within the Spanish Parliament. The panel's task was challenging due to the deep political divisions in the country at the time. The draft Constitution underwent careful redaction, debate, and approval by the constituent assembly (Cortes Constituyentes) that emerged from the 1977 general election. This assembly played a pivotal role in shaping the document that would ultimately define the country's democratic future.
The Constitution was then approved by the Cortes Generales on 31 October 1978, followed by a referendum on 6 December 1978, where an impressive 91.81% of voters supported it. This referendum served as a powerful endorsement of the Constitution, demonstrating the Spanish people's commitment to democracy and their desire to move away from the Francoist regime's legacy. On 27 December, the Constitution was sanctioned by King Juan Carlos I, adding further legitimacy and significance to the document.
The Constitution's promulgation signified a decisive break from Spain's dictatorial past under General Franco, who ruled as a military dictator from 1939 until his death in 1975. The Constitution's enactment ushered in a new era of democracy, decentralization, and respect for human rights. It established a parliamentary democracy with a constitutional monarchy, guaranteeing fundamental freedoms and devolving power to the regions, which were granted their own governments, regional assemblies, and legal authorities.
The Spanish Constitution is a comprehensive document consisting of 169 articles and several additional provisions. It establishes the rights and responsibilities of citizens, outlines the organization and functions of the government, and lays out the framework for the country's legal system. The Constitution also addresses the "territorial organization of the State," establishing a unitary yet decentralized state, which has been referred to as an "autonomous state" or "state of autonomies." This aspect of the Constitution has had a significant impact on regional power dynamics and autonomy.
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The Spanish Constitution is the supreme law of the Kingdom of Spain
The Spanish Constitution is the current supreme law of the Kingdom of Spain, sanctioned by King Juan Carlos I on 27 December 1978. Its promulgation marked the culmination of the country's transition to democracy after the death of dictator Francisco Franco on 20 November 1975. This transition was characterised by a series of political, social and historical changes that transformed the Francoist regime into a democratic state.
The Constitution was drafted, debated, and approved by the Constituent Assembly (Spanish: Cortes Constituyentes) that emerged from the 1977 general election. It then repealed all the Fundamental Laws of the Realm, as well as other major historical laws and any pre-existing law that contradicted the new constitution. The Spanish Constitution is a written document that draws on both older Spanish constitutions and other contemporary European constitutions. For instance, it includes a provision for a constructive vote of no confidence, inspired by German Basic Law.
The Constitution is organised into ten parts (Spanish: Títulos) and includes an introduction (Spanish: Título Preliminar), a preamble, several additional and interim provisions, a series of repeals, and a final provision. It consists of 169 articles and a number of additional and transitory provisions. Notably, the Constitution also formally repealed several important Spanish laws related to the political history of the country, including the Laws of 25 October 1839 and 21 July 1876, which were related to the Basque fueros and the aftermath of the Carlist Wars.
One of the most important tasks of the Constitution was to devolve power to the regions, which were given their own governments, regional assemblies, and supreme legal authorities. The central government of Spain retains exclusive responsibility for foreign affairs, external trade, defence, justice, law (criminal, commercial, and labour), merchant shipping, and civil aviation. The result is a de facto federal model, with some differences from federal states. This is referred to as an autonomous state (Spanish: Estado Autonómico) or state of the autonomies (Spanish: Estado de las Autonomías).
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The Spanish Constitution was a negotiated compromise between major parties
The Spanish Constitution, or the Constitución Española, is the supreme law of the Kingdom of Spain. It was enacted after its approval in 1978, three years after the death of dictator Francisco Franco. The constitution was approved by the Cortes Generales on 31 October 1978 and by the Spanish people in a referendum on 6 December 1978, with 91.81% of voters supporting the new constitution.
The Spanish Constitution is a written document that draws on both older Spanish constitutions and other then-current European constitutions. For example, it includes the provision for a constructive vote of no confidence, inspired by German Basic Law. The Constitution is organised into ten parts (Títulos) and includes an additional introduction (Título Preliminar), a preamble, several additional and interim provisions, a series of repeals, and a final provision.
The Constitution was redacted, debated, and approved by the constituent assembly (Cortes Constituyentes) that emerged from the 1977 general election. Notably, it repealed all the Fundamental Laws of the Realm (i.e., the constitution of the Francoist regime), as well as other major historical laws and any pre-existing law that contradicted the new constitution.
The Spanish Constitution is unique in the country's history, as it is "the first which was not imposed by a party but represented a negotiated compromise among all the major parties". A seven-member panel was selected from the elected members of the Cortes to work on a draft of the Constitution, representing the wide and often deeply divided political spectrum within the Spanish Parliament. The leading role in this process was given to the then-ruling party, the now-defunct Union of the Democratic Centre (UCD). The writer and Senator by Royal appointment, Camilo José Cela, polished the draft Constitution's wording, although much of the consensus depended on keeping the wording ambiguous, so few of Cela's proposed rewordings were approved.
The promulgation of the constitution marked the climax of the Spanish transition to democracy after nearly 40 years of military dictatorship under General Franco.
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Frequently asked questions
31 October 1978.
6 December 1978.
27 December 1978.
29 December 1978.
91.81%.























