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1978 Constitution

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Laura Alonso Llerandi

on 9 December 2013

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Transcript of 1978 Constitution


CONSTITUTION

HISTORICAL CONTEXT
GABRIEL CISNEROS
JORDI SOLÉ TURA
MIQUEL ROCA I JUNYENT
Representative of CiU (Convergencia Democràtica de Catalunya + Unió Democrática de Catalunya).
Nationalist but pronounced against supremacy or independence of territories.
Decisive in the process for the autonomy regime (most problematic part of constitution)
Title VIII
Autonomies are not independent from the rest of the Nation as every territory of the Nation is based on solidarity and territorial equality.
Autonomies have self-regulation but they are all part of a Nation.
Death of Franco in November 1975 New government is needed
Oath of the King Juan Carlos as his successor
New President of the Government Adolfo Suárez
Law for Political Reform understood as a Fundamental Law
LAW OF POLITICAL REFORM
Democracy is based on the supremacy of the Law, which is the expression of the people's will.
People's rights are impregnable.
The elaboration and approval of Laws is a matter of the Courts.
The King punishes and promulgates the laws.
Courts are composed by the representative members of the Parliament and the Senate.
The Law establishes popular sovereignty, division of power, and the obligation to defend personal rights
Legalization of all political parties, including the Communist what led to a discussion between the president and the military
1977 elections: UCD, PSOE, PCE, AP, PNV, CDC. No absolute majority
Moncloa Pacts to avoid economic crisis, new economic and social laws
31st October: Text approved in Congress and Senate.
6th December 1978 approved Constitution in referendum (87.78% votes)
GREGORIO PECES BARBA
Representative of PSOE (Partido Socialista Obrero Español)
President of the congress (1982-1986)
Former rector of the University in which you are right now.
He was decisive in the relation with the other Fathers of the Constitution so that everyone would be satisfied with the Titles.
MANUEL FRAGA IRIBARNE
Representative and founder of Alianza Popular (AP)
Against the nationalities of Spain. Just the sum of a compact territory with common cultural tradition and a global political organization.
In favor of Parliamentary Monarchy: a king to reign but not to govern.
Proposed an electoral system based on the majority: against the proportional representation in the Constitution
Voted for administrative decentralization but not political
In favor of a strong State with a Constitutional Tribunal in defense of Fundamental Rights
Religious freedom but certain cooperation between the State and the Catholic Church
Cooperation with American countries and double nationality
Against the reform of the Constitution in war times or during the emergency State
In favor of including the nation in the redaction of the Constitution not just members of political parties
"What the nation wants is security, protection and the unity of the country"
OUTCOME OF CONSTITUTION
1 Preface, 1 Preliminary title and 10 titles
The preface guarantees a democratic and social State for every Spaniard and pacific relations to every country on Earth
The preliminary title settles Spanish as official language, flag, Parliamentary Monarchy, political parties...
Title 1: Rights and fundamental laws
Title 2: The Crown
Title 3: General Courts
Title 4: The Government
Title 5: Relationship Government - General Courts
Title 6: Judicial power
Title 7: Economy and Property
Title 8: Territorial Organization of the State
Title 9: Constitutional Tribunal
Title 10: Constitutional Reform
U.S. VIEW ON SPANISH CONSTITUTION
35TH ANNIVERSARY

José Pedro Pérez Llorca + Miguel Herrero y Rodríguez de Miñón
· They both belonged to UCD
Representative of PSUC (Unified Socialist Party of Catalonia)
Responsible for the creation of the Catalan Statute of Autonomy in 1979, included in the Constitution
· They contibuted a centrist and social democratic point to the Spanish Constituton.
"Fathers" of the constitution
· Their party was the biggest driver of the text (3 redactors)
He makes possible the Constitution draft to go on after the disagreement between other members of the group.
Article of 'The Washington Post', 10th December, 1978
Main characteristics
· Popular sovereignty
· Parliamentary monarchy
· Democratic and Law State
· Separation of powers


· "State of autonomies"
· Basic liberties
Executive
(Government)
Legislative
(General Cortes)
Judiciary
(C. G. P. J)
Idea of federalism and democracy
Reform needed?
We thank him the Title IX, which states that the public organisms should guarantee equal rights to the spanish population.
His party also contributed to the Title VIII trying to include Andalusia in the nationalist reform.
2013,
1978
Representative of UCD
Helped writing the laws belonging to the Basque Statute of Autonomy
· Against Autonomies State
Full transcript