The Spanish Constitution of 1978, drafted by the Constituent Cortes, established the legal and institutional framework for Spain’s modern democracy, balancing centralized state authority with the autonomy of self-governing communities. Central themes include the rule of law, the role of the Constitutional Court, the protection of citizens’ rights, and the decentralized structure of public administration.
The text emphasizes the State’s duty to ensure equality, the responsibilities of public authorities in upholding justice, and mechanisms for amending the constitution through an overall majority consensus. By defining the rights of citizens and the duties of governance, the document laid the foundation for Spain’s transition from authoritarianism to a pluralistic, rights-based polity.
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Within the terms of the present Constitution, Statutes of Autonomy shall be the basic institutional rule of each Self-governing Community and the State shall recognize and protect them as an integral part of its legal system. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ It is the responsibility of the public authorities to promote conditions ensuring that freedom and equality of individuals and of the groups to which they belong are real and effective, to remove the obstacles preventing or hindering their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The Office of Public Prosecutor, without prejudice to functions entrusted to other bodies, has the task of promoting the operation of justice in the defence of the rule of law, of citizens' rights and of the public interest as safeguarded by the law, whether ex officio or at the request of interested parties, as well as that of protecting the independence of the courts and securing before them the satisfaction of social interest. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The Constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal statutes, the non-retroactivity of punitive provisions that are not favourable to or restrictive of individual rights, the certainty that the rule of law shall prevail, the accountability of public authorities, and the prohibition of arbitrary action of public authorities. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Those persons with a right of succession to the throne who marry against the express prohibition of the King and the Cortes Generales, shall be excluded from succession to the Crown, as shall their descendants. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The Public Administration shall serve the general interest in a spirit of objectivity and shall act in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration and coordination, and in full subordination to the law. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ If a Self-governing Community does not fulfil the obligations imposed upon it by the Constitution or other laws, or acts in a way that is seriously prejudicial to the general interest of Spain, the Government, after having lodged a complaint with the President of the Self-governing Community and failed to receive satisfaction therefore, may, following approval granted by the overall majority of the Senate, take all measures necessary to compel the Community to meet said obligations, or to protect the abovementioned general interest. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Without prejudice to the competences that may be assumed by the Self-governing Communities, the State shall consider the promotion of culture a duty and an essential function and shall facilitate cultural communication among the Self-governing Communities, in cooperation with them. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Private individuals shall, under the terms laid down by law, be entitled to compensation for any harm they may suffer in any of their property and rights, except in cases of force majeure, whenever such harm is the result of the operation of public services. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The Government shall convene all Members of Congress and Senators elected in the constituencies of the territory seeking self-government, in order that they may set themselves up as an Assembly for the sole purpose of drawing up a Statute of Autonomy, to be adopted by the overall majority of its members. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Punishments entailing imprisonment and security measures shall be aimed at reeducation and social rehabilitation and may not involve forced labour. The person sentenced to prison shall enjoy, during the imprisonment, the fundamental rights contained in this Chapter except those expressly restricted by the content of the sentence, the purpose of the punishment and the penitentiary law. In any case, he or she shall be entitled to paid work and to the appropriate Social Security benefits, as well as to access to cultural opportunities and the overall development of his or her personality. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The State shall be empowered to plan general economic activity by an act in order to meet collective needs, to balance and harmonize regional and sectorial development and to stimulate the growth of income and wealth and their more equitable distribution. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Statutes of Autonomy may provide for the circumstances, requirements and terms under which Self-governing Communities may reach agreements among themselves for the management and rendering of services in matters pertaining to them, as well as for the nature and effects of the corresponding notification to be sent to the Cortes Generales. In all other cases, cooperation agreements among Self-governing Communities shall require authorization by the Cortes Generales. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The law shall establish the forms of participation of the persons concerned in Social Security and in the activities of those public bodies whose operation directly affects quality of life or general welfare. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The guardian of the King during his minority shall be the person appointed in the will of the deceased King, provided that he or she is of age and Spaniard by birth. If a guardian has not been appointed, the father or the mother shall be guardian, as long as they remain widowed. In default thereof, the guardian shall be appointed by the Cortes Generales, but the offices of Regent and Guardian may not be held by the same person, except by the father, mother or direct ancestors of the King. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The Self-governing Communities shall enjoy financial autonomy for the development and exercise of their powers, in conformity with the principles of coordination with the State Treasury and solidarity among all Spaniards. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Those declaring the unconstitutionality of an act or of a statute with the force of an act and all those which are not limited to the acknowledgment of an individual right, shall be fully binding on all persons. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The public authorities shall promote science and scientific and technical research for the benefit of the general interest. Section 45 Environment25, 43, 53, 129.1, 148.1.9.4 C1. Everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to preserve it. Quality of life2. The public authorities shall watch over a rational use of all natural resources with a view to protecting and improving the quality of life and preserving and restoring the environment, by relying on an indispensable collective solidarity. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The Organic Act of the Judicial Power shall make provision for the setting up, operation and internal administration of courts and tribunals as well as for the legal status of professional judges and magistrates, who shall form a single body, and of the staff serving in the administration of justice. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Organic acts are those relating to the implementation of fundamental rights and public liberties, those approving the Statutes of Autonomy and the general electoral system and other laws provided for in the Constitution. 130-132 SO2. The approval, amendment or repeal of organic acts shall require the overall majority of the Members of Congress in a final vote on the bill as a whole. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Public safety, without prejudice to the possibility of Self-governing Communities creating police forces, as provided for in their respective Statutes of Autonomy and within the framework to be laid down by an organic act. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Loans to meet payment on the interest and capital of the State's Public Debt shall always be deemed to be included in budget expenditure and may not be subject to amendment or modification as long as they conform to the terms of issue. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ If the Congress adopts a motion of censure, the Government shall submit its resignation to the King, and the candidate proposed in the motion of censure shall be deemed to have the confidence of the House for the purposes provided in section 99. The King shall appoint him or her President of the Government. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Members of the Government may not perform representative functions other than those derived from their parliamentary mandate, nor any other public function not deriving from their office, nor engage in any professional or commercial activity whatsoever. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ In case of extraordinary and urgent need, the Government may issue temporary legislative provisions which shall take the form of decree-laws and which may not affect the legal system of the basic State institutions, the rights, duties and freedoms of the citizens contained in Part 1, the system of Self-governing Communities, or the general electoral law. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Justice emanates from the people and is administered on behalf of the King by judges and magistrates members of the Judicial Power who shall be independent, shall have fixity of tenure, shall be accountable for their acts and subject only to the rule of law. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ In the case of Statutes passed by means of the procedure referred to in the foregoing section, the institutional self-government organization shall be based on a Legislative Assembly elected by universal suffrage under a system of proportional representation which shall also assure the representation of the various areas of the territory ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Legislation, regulation and concession of hydraulic resources and development where the water-streams flow through more than one Self-governing Community, and authorization for hydro-electrical power plants whenever their operation affects other Communities or the lines of energy transportation are extended over other Communities. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The public authorities guarantee the right of all to education, through general education programming, with the effective participation of all sectors concerned and the setting-up of educational centres. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Trade union freedom includes the right to set up trade unions and to join the union of one's choice, as well as the right of trade unions to form confederations and to found international trade union organizations, or to become members thereof. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The primary power to raise taxes is vested exclusively in the State by means of law. Fiscal power of Self-governing Communities and local authorities2. Self-governing Communities and local Corporations may impose and levy taxes, in accordance with the Constitution and the laws. 3. Any fiscal benefit affecting State taxes must be established by virtue of law. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ In the case of Navarra, and for the purpose of its integration into the General Basque Council or into the autonomous Basque institutions which may replace it, the procedure contemplated by section 143 of this Constitution shall not apply. The initiative shall lie instead with the appropriate historic institution (órgano foral) , whose decision must be taken by the majority of its members. The initiative shall further require for its validity the ratification by a referendum expressly held to this end and approval by the majority of votes validly cast. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order. Information technology4. The law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The right to initiate the process towards self-government lies with all the Provincial Councils concerned or with the corresponding inter-island body and with two thirds of the municipalities whose population represents at least the majority of the electorate of each province or island. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Differences between Statutes of the different Self-governing Communities may in no case imply economic or social privileges. Section 139 Equal rights and duties everywhere2, 14, 138,1. All Spaniards have the same rights and obligations in any part of the State territory. Freedom of movement and settlement149.1.1, 149.1.18 C 2, 14, 19, 149.1.1, 6 and 10, 157.2 C2. No authority may adopt measures which directly or indirectly hinder freedom of movement and settlement of persons and free movement of goods throughout the Spanish territory. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The entire wealth of the country in its different forms, irrespective of ownership, shall be subordinated to the general interest. Public initiative2. Public interest in economic activity is recognised. Reserve to public sectorEssential resources or services may be reserved by law to the public sector especially in the case of monopolies. Likewise, State intervention in companies may be imposed when the public interest so demands. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Members of the Constitutional Court shall be appointed among magistrates and prosecutors, university professors, public officials and lawyers, all of whom must have a recognised standing with at least fifteen years' practice in their profession. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The public authorities shall promote the modernization and development of all economic sectors and, in particular, of agriculture, livestock raising, fishing and handicrafts, in order to bring the standard of living of all Spaniards up to the same level. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ The Congress shall consist of a minimum of three hundred and a maximum of four hundred Members, elected by universal, free, equal, direct and secret suffrage, under the terms to be laid down by the law. ”
Constituent Cortes, Spanish Constitution of 1978 (1978)
“ Trade unions and employers' associations1.1, 22, 28, 37, 131.2 CTrade unions and employers' associations contribute to the defence and promotion of the economic and social interests which they represent. Their creation and the exercise of their activities shall be free in so far as they respect the Constitution and the law. Their internal structure and their functioning must be democratic. ”
