Spanish Constitution of 1978 (annotated)

by Constituent Cortes

For other versions of this work, see Spanish Constitution of 1978.

 

CONSTITUTION

PASSED BY THE CORTES GENERALES IN PLENARY MEETINGS OF THE CONGRESS OF DEPUTIES AND THE SENATE HELD ON OCTOBER 31, 1978

RATIFIED BY REFERENDUM OF THE SPANISH PEOPLE ON DECEMBER 7, 1978

SANCTIONED BY HIS MAJESTY THE KING BEFORE THE CORTES GENERALES ON DECEMBER 27, 1978

LIST OF ABBREVIATIONS

Add. Prov.: Additional Provisions

C: Constitution

Final Prov. Final Provisions

SO: Standing Orders

Trans. Prov.: Transitional Provisions

ARRANGEMENT OF SECTIONS

	Page
PREAMBLE	9
PRELIMINARY PART	10
PART I. Fundamental Rights and Duties	12
Chapter 1. Spaniards and Aliens	13
Chapter 2. Rights and Liberties	14
Division 1. Fundamental Rights and Public Liberties	14
Division 2. Rights and Duties of Citizens	21
Chapter 3. Principles governing Economic and Social Policy	24
Chapter 4. Guarantees of Fundamental Rights and Liberties	28
Chapter 5. Suspension of Rights and Liberties	29
PART II. The Crown	29
PART III. The Cortes Generales (Parliament)	34
Chapter 1. Houses of Parliament	34
Chapter 2. Drafting of Bills	41
Chapter 3. International Treaties	45
PART IV. Government and Administration	47
PART V. Relations between the Government and the Cortes Generales	51
PART VI. Judicial Power	54
PART VII. Economy and Finance	58
PART VIII. Territorial Organization of the State	62
Chapter 1. General Principles	62
Chapter 2. Local Government	63
Chapter 3. Self-governing Communities	64
PART IX. The Constitutional Court	77
PART X. Constitutional Amendment	80
ADDITIONAL PROVISIONS	82
TRANSITIONAL PROVISIONS	83
REPEALS	86
FINAL PROVISION	87

SPANISH CONSTITUTION

We, don Juan Carlos I, King of Spain, announce to all those who may have knowledge of this: that the Cortes have passed and the Spanish people have ratified the following Constitution:

PREAMBLE

The Spanish Nation, desiring to establish justice, liberty, and security, and to promote the wellbeing of all its members, in the exercise of its sovereignty, proclaims its will to:

Guarantee democratic coexistence within the Constitution and the laws, in accordance with a fair economic and social order.

Consolidate a State of Law which ensures the rule of law as the expression of the popular will.

Protect all Spaniards and peoples of Spain in the exercise of human rights, of their culture and traditions, languages and institutions.

Promote the progress of culture and of the economy to ensure a dignified quality of life for all.

Establish an advanced democratic society, and Cooperate in the strengthening of peaceful relations and effective cooperation among all the peoples of the earth.

Therefore, the Cortes pass and the Spanish people ratifies the following.

SPANISH CONSTITUTION

Preliminary Part

Section 1

A social and democratic State under the rule of law2, 6, 7, 9, 10, 117, 128 C1. Spain is hereby established as a social and democratic State, subject to the rule of law, which advocates freedom, justice, equality and political pluralism as highest values of its legal system.

National sovereignty56, 66, 117 C2. National sovereignty belongs to the Spanish people, from whom all State powers emanate.

Parliamentary monarchy56, 66, 97, 108 C3. The political form of the Spanish State is the Parliamentary Monarchy.

Section 2

National unity and devolution to nationalities and regions1, 137-139, 143-148 CThe Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognises and guarantees the right to selfgovernment of the nationalities and regions of which it is composed and the solidarity among them all.

Section 3

Language14, 139.1, 149.1.1 C1. Castilian is the official Spanish language of the State. All Spaniards have the duty to know it and the right to use it.

147, 148.1.17, Final Prov. C2. The other Spanish languages shall also be official in the respective Self-governing Communities in accordance with their Statutes.