Concept

Constitution of Spain

Summary
The Spanish Constitution (Constitución española) is the supreme law of the Kingdom of Spain. It was enacted after its approval in a constitutional referendum; it represents the culmination of the Spanish transition to democracy. The current Constitution was approved three years after the death of Francisco Franco. There have been dozens of Spanish constitutions and constitution-like documents in Spain; however, it is one of two fully democratic constitutions (the other being the Spanish Constitution of 1931). It was sanctioned by King Juan Carlos I on 27 December, before it was published in the Boletín Oficial del Estado (the government gazette of Spain) on 29 December, the date on which it became effective. The promulgation of the constitution marked the culmination of the Spanish transition to democracy after the death of general Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 years. This led to the country undergoing a series of political, social and historical changes that transformed the Francoist regime into a democratic state. The Spanish transition to democracy was a complex process that gradually transformed the legal framework of the Francoist regime into a democratic state. The Spanish state did not abolish the Francoist regime, but rather slowly transformed the institutions and approved and/or derogated laws so as to establish a democratic nation and approve the Constitution, all under the guidance of King Juan Carlos I of Spain. The Constitution was redacted, debated and approved by the constituent assembly (Cortes Constituyentes) that emerged from the 1977 general election. The Constitution then repealed all the Fundamental Laws of the Realm (the constitution of the Francoist regime), as well as other major historical laws and every pre-existing law that contradicted what the Constitution establishes. The constitution takes cues both from older Spanish constitutions as well as from other then-current European constitutions including the provision for a constructive vote of no confidence taken from the German Basic Law.
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