Dia de la Constitucion de Espana, or Constitution Day, 6th December, is unique in Spanish culture. For a start, it’s about the only national holiday that doesn’t have religious overtones. It commemorates the National Referendum of 1978 to approve the draft constitution which was the gateway to democracy in Spain following Franco’s death. Around 87% of the Spanish people voted in favour of the Constitution.
The Transition from Dictatorship to Democracy was bloodless, and a justified cause for national pride. As this year sees the 35th anniversary of the ratification of the constitution, look out for special events where you are in Spain.
While the celebrations for Constitution Day are formal, civic affairs rather than the usual community fiestas, the Spanish people are proud of their constitution and their part in its inception, and few Spaniards will pass up the chance to enjoy a national holiday!
There has been a major amendment to the constitution under which residents from other EU countries living in Spain may vote in elections and stand as candidates in local elections. This is a good indication that Spain welcomes immigration and integration into its society, despite some of the more lurid press reports to the contrary. There are also moves to alter the succession of the monarchy so that the eldest child, rather than the eldest male, inherits the throne.
These days, there are likely to be protest marches alongside the celebrations, and Constitution Day is recognised as the secular beginning of Christmas celebrations in Spain. This is when decorations go up in shops, streets and houses, although the increasing expat population means some areas, particularly around Torrevieja, put up street lights during November.
What of the Spanish Constitution itself? Well, it is unusual in that it makes legal provisions for social rights for its citizens and defines Spain as ‘A Social and democratic state, subject to the rule of law.’ As the Communist Party were politically strong at the time of the transition from Dictatorship to Democracy, the Constitution includes provision for state intervention in private companies ‘in the public interest’ and workers’ rights to ownership of the means of production. This is something of a mixed blessing, and politically unpopular in some quarters.
The Constitution allows for autonomy in the 17 Communities of Spain and some cities, making Spain more of a federation than a unitarian state, although neither of these terms are actually used. Each autonomous area has its own Statute of Autonomy, which in many cases is drifting away from the ideals expressed in the Constitution.
This brings its own problems, as various provinces include statutory clauses which may impact on other communities. For example, in Andalusia, Aragon, Catalonia and Extramadura, there is a clause giving these regions exclusive management powers over any rivers flowing through their boundaries. As you can imagine, communities upstream and downstream are unwilling to accept this, as decisions will be made over which they have no control but with which they will be required to co-operate.
The death penalty is allowed during wartime under the Constitution. However, as it has been dropped from the Military Code of Practice, there is effectively no death penalty in Spain.
That’s probably all you either want or need to know about the Spanish Constitution!
