The purpose of this this article: discussion of the constitution in Spain, its history, sources, impact, implications, debated issues, relationship with European Union law, comparison with other countries' constitutions, etc. We should refrain from translating the entire text, but if specific articles are discussed it might be appropriate to translate them here or at least link to external sources for both a Spanish text and an English translation.
Table of contents |
2 Discussion 3 Preamble 4 External links |
See constitution of Spain for the constitutional history of Spain, dating back to the constitution of 1812.
As part of the Spanish transition to democracy a general election took place in 1977 to convene the Cortes Generales (Parliament) for the purpose of drafting and approving a constitution (this is called Cortes Constituyentes).
A seven-member panel was selected among the elected members of the Cortes to work on the draft of the Constitution to be submitted to the Cortes. The members were Gabriel Cisneros, José Pedro pérez-Llorca, Miguel Herrero de Miñon, Miquel Roca, Manuel Fraga Iribarne, Gregorio Peces-Barba and Jordi Solé Tura.
The Constitution was approved by the Cortes on date, and by the Spanish people in a referendum on December 6, 1978. December 6 is a national holiday in Spain.
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 is does not protect itself, it would be possible to first reform Title X and then change the previously protected articles.
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.
History
Discussion
Preamble
External links