Amendments to the Spanish Constitution of 1978 - Definition and Overview

This article is part of the series Politics of Spain

The Crown - Head of State

Cortes Generales - Legislative branch    Congress of Deputies    Senate    Regional legislatures Political parties in Spain Elections in Spain: 1977 - 1979 - 1982 - 1986 1989 - 1993 - 1996 - 2000 2004

Government - Executive branch    President of the Government    Council of Ministers    Regional governments

Judicial system - Judicial branch    General Council of the Judicial Power    Constitutional Court    Supreme Court    Regional high courts

Constitution    1977 Political Reform Act    1978 Constitution    Amendments Autonomous communities Madrid (capital city)

The Spanish Constitution has been reformed once (Article 13.2, Title I) to extend to citizens of the European Union the right to active and passive suffrage (both voting rights and eligibility as candidates) in local elections.

The socialist government of José Luis Rodríguez Zapatero has announced its intention to undertake a major reform of the constitution during its tenure. The proposed modifications would include

1. succession in the monarchy on the basis of age only, and not gender
2. an overhaul of the Senate transforming it into a chamber of territorial representation
3. officially incorporating the European Constitution (should one be approved)
4. modifying the organisation of the autonomous communities

The proposal has been met with scepticism from some quarters (notably the main opposition party PP) because some of these reforms affect protected sections of the constitution, undertaking their reform would require an entirely new constitution (see below). Furthermore, even an amendment of a non-protected part of the Constitution would require PP agreement, because it would require the support of 3/5 of each House: that's 210 votes in the Congress of Deputies and 156 in the Senate, while the maximum majority without the PP is 202 votes in the Congress of Deputies and 133 in the Senate.

Protected provisions

The Constitution itself determines in Title X that a new constitution must be written, should there be the need to reform the Preliminary Title; Title I, Section I, Chapter II; or Title II. These "special" sections indicate what the drafters of the constitution considered fundamental about the regime they were establishing: that the "fundamental rights and public liberties" cannot be changed without regime change; and that Spain is a constitutional monarchy. From a logical point of view, since Title X is does not protect itself, it would be possible to first reform Title X and then change the previously protected articles.