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The Spanish Constitution: what it is and why it is so important

Spain has a constitution that was signed in 1978 and forms the basis of the Spanish political and legal systems

On December 6 every year, Spain celebrates a national holiday for the occasion of the ‘Día de la Constitución’, or Constitution Day. But why do Spaniards celebrate their constitution on this day, and what do they do to mark the event?

Here’s the history and importance of the Spanish constitution:

The end of dictatorship

Constitution Day is celebrated on December 6 because this is the day in 1978 on which the Spanish as a nation voted in a referendum to approve the draft constitution prepared by the interim Parliament in October of 1978, following the death of dictator General Francisco Franco in 1975, marking the end of dictatorship and the beginning of democracy.

Essentially, this is the point at which modern Spain was created. Spain had had another constitution before, during the Second Republic, but this was abandoned when Franco came to power.

Spain has had no fewer than eight constitutions in the course of its history, which have been variously abolished by several monarchs. The first Spanish constitution, signed in 1812 by the Cortes of Cádiz, is probably the best known and affectionately called ‘La Pepa’.

The preamble to the current constitution was written by Enrique Tierno Galván, a politician, sociologist and lawyer who now has many streets named after him in Spain.

The original copy of the current Spanish constitution, which was signed by King Juan Carlos I, is now kept in the Congress building in Spain.

Its preamble reads as follows:

“The Spanish Nation, desiring to establish justice, liberty and security and to promote

the good of its members, in the exercise of its sovereignty, proclaims its will to:

guarantee democratic co-existence under the Constitution and the law, consistent with a just social and economic order;

consolidate a State of Law which assures the rule of law as an expression of the popular will;

protect all Spaniards and peoples of Spain in the exercise of human rights, of their cultures and traditions, and of their languages and institutions

promote the progress of culture and of the economy in order to ensure a worthy quality of life for all;

establish a democratic and advanced society, and

collaborate in the strengthening of peaceful relations and effective co-operation amongst all the peoples of the World”

What happens on the December 6 Constitution Day in Spain?

In many Spanish cities, the national holiday for the Día de la Constitución is marked with solemn flag ceremonies and readings promoting the spirit of democracy. For many, it is a day which engenders particular pride and a sense of patriotism, although in recent years there have been criticisms that the constitution is outdated, sexist, racist or classist, and as such needs to be updated.

The days leading up to Constitution Day are inevitably a chance for political groups to display their patriotism and snipe at one another for perceived slights to ‘Spanishness’.

The day itself is a public bank holiday in all of Spain, often combined with the December 8 Feast of the Immaculate Conception holiday to form a ‘puente’ or long weekend, so people get a break from work or school.

Image: Wikimedia commons

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