The Spanish Political System

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POL 3107 COMPARATIVE GOVERNMENT AND POLITICS The Spanish Political System Dr. Miguel A. Martínez City University of Hong Kong

FROM DICTATORSHIP TO DEMOCRACY: REGIME CHANGE AND INSTITUTIONAL DESIGN General description Historical Background Myths and Reality of the Transition 1978 Constitution

SPAIN IN THE WORLD Note: Exclude Portugal from the Iberian Peninsula and add Ceuta and Melilla Autonomous Cities. Inferior square: Canary Islands

SPAIN IN EUROPE

Nato members Partnerships and cooperation (other colours) SPAIN IN THE NATO

SPAIN: CONTINENTAL AREAS AND ARCHIPELAGOS Continental Areas: part of the Iberian Peninusla (Europe) and two cities in the African continent (Ceuta and Melilla) Archipelagos: Canary and Balearic islands

SPAIN: GENERAL OVERVIEW Population: 46.7 million Foreign population: 12% (5.7 million) (2011) GINI (wealth gap): 33.7% (medium-high) Government: Parliamentary Constitutional Monarchy First Liberal Constitution: 1812 First Constitutional Democracy: 1931 Present Constitution: 1978 NATO member: 1982 European Union / EEC/ member: 1986 Official languages: Spanish, Basque, Catalan and Galician Spanish language in the world: 442 million speakers in countries where Spanish is the official language (2 nd world s most spoken first language ) and more than 500 million of speakers worldwide

SPANISH LANGUAGE IN THE WORLD Countries where Spanish has official status. Countries and U.S. states where Spanish has no official status but is spoken by 25% or more of the population. Countries and U.S. states where Spanish has no official status but is spoken by 10 20% of the population. Countries and U.S. states where Spanish has no official status but is spoken by 5 9.9% of the population.

HISTORICAL BACKGROUND Empire and decline (1492-1898) Republic (1931) Civil War (1936-1939) Dictatorship (1939-1975) Transition Democratic Monarchy (1978) NATO (1982) and EU (1986) Economic Globalisation (1996-2008) Crisis (2008 )

HISTORICAL BACKGROUND Golden Age of the Spanish (red) and Portuguese (blue) empires between 1492 and 1700

HISTORICAL BACKGROUND 1898 // End of most of the colonial possessions of the Spanish empire (US-Spain wars in the Philippines, Cuba and Puerto Rico) still control over Equatorial Guinea, Sahara and North of Morocco. 1931-1939 // End of Monarchy, II Democratic Republic with many progressive achievements (universal suffrage, education, women rights, etc.) electoral victory of a Leftist Coalition in 1936, military insurrection against the Republican Government and Civil War (1936-9) in parallel to an Anarchist Revolution. 1939-1975 // Franco s military Dictatorship, organic democracy led by fascist and Catholic organisations, fake elections and Parliament, training of the future King and proclamation as successor in 1969.

HISTORICAL BACKGROUND Spain after Franco (1971) https://www.youtube.com/watch?v=t5qz4zblkwm&list=p L4oKcuSjF1BWz40wNStclND6SvsDqdSfg&index=11 (0-9 40 )

HISTORICAL BACKGROUND 1975-1978 // Transition to Democracy Monarchyled, referendum for Political Reform, elections for the Parliament (won by the Centre-Right Government UCD; Communist Party was legalised two months before and far-left parties were illegal) and referendum for the Constitution (1978). 1981 // Failed attempt of military putsch (coup d'etat) with involvement of the King and different political parties, but halted by the King as well. 1982 // Social Democratic party (PSOE) wins the General Elections, integration in the NATO and the EU and the, ETA s terrorism (1959-2011)...

THE MYTH OF THE TRANSITION It was a "peaceful consensual pact" between the society and the elites of different political parties Winners and losers of the Civil War became finally "reconciled" and there was no need to mess into the past Brand new democracy, less imperfect and violent that the Republican one and those troubled times Exemplary model for Latin American and Eastern- Central European countries after military-fascist-usabacked and communist-like dictatorships in the 1980s and 1990s

HISTORICAL BACKGROUND The Spanish Transition - Memory, Dignity and Struggle (2011) https://www.youtube.com/watch?v=gz0pfnymnw8 (1-15 45 )

THE REALITY OF THE TRANSITION Continuing workers strikes over the transitional period and before (i.e. 18,000 strikes in 1976) and repression (10 killed in Vitoria, 1976), strong citizen movements, feminist s claims for equality, emergence of multiple media and demands for free speech, students' protests, nationalist mobilisations... and more than 600 killed by the police or fascists between 1975 and 1978 *The "losers" never had access to the Truth of the Dictatorship's violations of human rights. More than 150,000 people were executed by the army between 17 July 1936 and December 1951... which is a genocide. Most are not identified yet. Around 300,000 newborn babies were stolen from their Republican mothers and handed in to Francoist families (1939-1990).

THE REALITY OF THE TRANSITION There was a reproduction of the Francoist elites (in the army, the corporations and the institutions) and their offspring (in different political parties) who remained as powerholders... even the Army and former authorities remained untouchable (i.e. death penalty as an exception in the military justice until 1995, increasing military budget, etc.) and, in particular, at the top, the Crown Model impossible to imitate due to the contextual constraints and limitations experienced... but useful to legitimate the new elites both the social-democratic and conservative ones

1978 CONSTITUTION Several aims: a) To preserve capitalism within a new regime of liberal democracy b) To preserve the alliance with the US-NATO c) To preserve the privileges and immunity of former authorities d) To distribute power among old and emerging elites in order to prevent instability and revolution e) To make a difference with the democratic institutions of the II Republic Referendum in 1978: turnout of 67% and approved by the 88%

1978 CONSTITUTION Sovereignity lies in the people and full recognition of human rights, universal suffrage and liberal democracy (pluralism) Parliamentary (democratic) Monarchy: relegitimation of the King proclaimed by Franco in 1969 as his successor, with symbolic (not executive) powers above the President, the Parliament and the Army Historic Nationalities and Autonomous Regional Governments: semi-federal and asymmetric state with 3 regions enjoying more competences and own languages due to past nationalist movements and institutions (Basque country, Catalonia and Galicia)

1978 CONSTITUTION Nevertheless, a strong role of the army as a safeguard of the "territorial integrity is recognised, which is used as a threat against pro-independence claims of the historic nationalities Bi-cameral system: Congress or Parliament (low chamber) and Senate (high chamber to increase regional representation), as a legacy of arrangements previous to the II Republic (with just one chamber) Proportional electoral representation according to universal suffrage in territorial constituencies in order to favour the configuration of a stable two-party system -instead of choosing the majoritarian rule in a single constituency

1978 CONSTITUTION Democratic political parties and labour unions are recognised, even the right to strike (business associations and other civic associations are also encouraged) Freedom, justice, equality, pluralism and participation are the basic values to be preserved Rule of law and normative hierarchy Separation of powers (Executive, Legislature and Judiciary) but there is a strong party control over the top judiciary bodies (CGPJ, General Council of the Judicial Power and TC, Constitutional Tribunal) the Executive- Government is under the control of the Congress

1978 CONSTITUTION Rigid procedure for modifying the Constitution: either majoritarian approval of 3/5 in each chamber or 2/3 of the Congress plus majority in the Senate + possible referendum there was only a slight re-phrasing in 1992 of one article regarding the right to vote and a very substantial change in 2011 regarding the absolute priority for the payment of the public debt of the state