1977 Political Reform Act
The Act for the Political Reform(Law 1/1977, of January 4, for the Political Reform)[1] was adopted on December 18, 1976 by the Francoist Cortes with the support of 435 of the 531 prosecutors (81% in favor) that formed this Cortes, and submitted to a referendum with the participation of the 77,8% of the census and with a 94,17% votes in favor. It had the character of Fundamental Law, being the last one of the Fundamental Laws of the Francoists Kingdom.
Background
Seven political associations, constituted thanks to the law of Arias Navarro to support in democracy to the so-called sociological Francoism, they founded on October 9, 1976 a new political party, Alianza Popular (AP). Their leaders were Manuel Fraga, Licinio de la Fuente, Federico Silva, Laureano López Rodó, Gonzalo Fernández de la Mora, Enrique Thomas de Carranza and Cruz Martínez Esteruelas. Both Adolfo Suárez and Torcuato Fernández-Miranda were prepared to dissolve the Spanish Cortes in the event of opposition, since his term had been fulfilled.[2]
After the bill was approved by the Council of Ministers, it was submitted to the National Council of the Movement and was approved on October 16 by 80 votes in favor, 13 against and 6 abstentions. This body prolonged its own dissolution:
... The present bill, which pretends and seeks, preferably, that the popular majority is constituted as a decisive instance of the reform, only incardinating in the current political order can find a source and basis for its legitimate propounding...
Content
The Political Reform Act was the legal instrument that allowed to carry out the Spanish Transition in the middle of the dictatorial regimen of the General Francisco Franco. The system that was established by this law was the parliamentary monarchy on Juan Carlos I and later approved by a referendum within of the Constitution of 1978.
This Act is divided in five primary articles, three transitory articles (this articles regulates some legal situations in a provisional way) and a final disposition.[1]
- In the first 2 articles is regulated the form of the state (democracy, popular sovereignty, fundamental rights...), the legislative power, universal suffrage and the role of the King.
- The third and the fourth article regulates the way that the constitutional reforms projects are handled between the Congress and the Senate.
- The fifth article regulates the referendums.
With regard to the transitional dispositions:
- The first of this articles regulates the way how the elections are going to work, with the number of deputies and senators, the people that can vote and electoral districts.
- The second and the third articles regulates the moments after the elections. This is, how both Chambers are going to be organized and the rules that will govern both chambers until the approval of new ones.
The final disposition clearifies that this Act, it will have the level of a Fundamental Law.
Parliamentary process
Since the first moment, President Suarez wanted to approve this Act legaly. An that's why his party defend the approval of the Act in the Spanish Courts. The debate about this Act started on November 16 and ended on November 18.[3]
The first prosecutor that defended this Act was Miguel Primo de Rivera and Urquijo along with Fernando Suárez González, the first represent of the lecture. The next day, November 17, was a long-and-tired day because was the turn of all the rest of prosecutors, which gave arguments in favour and against. The last day, November 18, was the responses of the impellers of the Act.
One of the most difficult moments was the intervention of Blas Piñar López against the Act:
“The Reform project is in conflict with the political philosophy of the State (...), this Reformation, as the Government wants it, and as the paper defends it, is a rupture, although the rupture is wanted to do with out violence and with legality.”
Voting
The Act was voted at 09:35 PM of November 18, 1976. It had 425 votes in favour, 59 against and 13 abstentions. This voting and the consequent approval of the Act it is known as the «harakiri of the Francoist Courts»
The final words of the official approval of the Act were:[3]
«The President of the Congress: Mr. Secretary is going to read the results of the voting.
The Secretary of the Congress: Total number of prosecutors that forms the Chámber: 531.
Numbers of prosecutors that constitute the absolute majority: 267.
Total number of present prosecutors: 497.
Quorum of the two thirds of the presents: 330. Affirmative votes: 425.
Negative votes: 59. Abstentions: 13.
The President of the Congress: The bill has been approved. The sitting is closed.»
Referendum
This Act, after the approval of the Spanish Courts, was submitted to referendum on December 18, 1976. The participation was 77,8% of the census and with a 94,17% votes in favor.
References
- 1 2 Law 1/1977, of January 4, of the Political Reform Boletín Oficial del Estado. January 5, 1977.
- ↑ Decree 1823/1975, of July 31, which extends the current Legislature of the Spanish Courts.
- 1 2 Law for Political Reform: memory and legitimacy at the beginning of the Spanish Transition to democracy. MANUEL CONTRERAS CASADO and ENRIQUE CEBRIÁN ZAZURCA. University of Zaragoza. Pages 93 to 102.