The Spanish Constitution of 1978

Spain lived under the dictatorship of General Franco from 1939 until he died on 20 November 1975. The years that followed are called the Transition (la Transición).

• King Juan Carlos I became head of State in 1975 and supported the change to democracy.
• On 15 June 1977 the first free general elections were held, after more than forty years. The new Cortes had the task of writing a constitution.
• The Cortes approved the Constitution on 31 October 1978. The Spanish people voted for it in a referendum on 6 December 1978, and it came into force when it was published in the official gazette (BOE) on 29 December 1978.
• 6 December is a national holiday: Constitution Day (Día de la Constitución).

Exam tip: The test often asks for the year: the current Constitution is from 1978.

Article 1 sums up the idea of the Spanish State. Spain is a social and democratic State governed by law, and it protects four highest values.

• The four highest values are liberty (libertad), justice (justicia), equality (igualdad) and political pluralism (pluralismo político).
• National sovereignty belongs to the Spanish people, from whom all the powers of the State come (Article 1.2).
• The political form of the State is the parliamentary monarchy (monarquía parlamentaria): the King is the head of State, but the people elect parliament and the Government is accountable to it.
• Spain is a single nation (Article 2) with a right to autonomy of its nationalities and regions. The capital is Madrid (Article 5).
• Equality: all Spaniards are equal before the law, with no discrimination because of birth, race, sex, religion, opinion or any other personal circumstance (Article 14).

The Constitution is a long text with 169 articles, a preliminary title and ten titles, plus additional, transitional and final provisions.

• The Preliminary Title sets out the basics: the State, sovereignty, unity and autonomy, the languages, the flag and the capital.
• Title I is about fundamental rights and duties, one of the most important parts for the test (see the guide on rights).
• Later titles describe the Crown, the Cortes Generales, the Government, the judiciary, the territorial organisation, the Constitutional Court and the way to reform the Constitution.
• Castilian (Spanish) is the official language of the State, and every Spaniard has the duty to know it and the right to use it. The other Spanish languages are also official in their communities (Article 3).
• The flag is made of three horizontal stripes: red, yellow and red, the yellow one being twice as wide (Article 4).

The Constitution can be changed, but it is not easy: that is meant to protect it. Changes need large majorities in the Cortes and, in important cases, a referendum.

• A reform is normally approved by three fifths of each chamber (Congress and Senate). If the change is to the most protected parts, the Cortes are dissolved, a new Cortes approves it by two thirds and the people vote in a referendum.
• The Constitution has been reformed only a few times: in 1992 (so that EU citizens could be elected in municipal elections), in 2011 (budget stability) and in 2024 (the wording on persons with disabilities).
• The Constitutional Court (Tribunal Constitucional) checks that laws respect the Constitution and protects fundamental rights through the appeal for protection (recurso de amparo).
• Everybody, citizens and public authorities alike, must obey the Constitution and the law (Article 9).