Feb 18 • 04:30 UTC 🇪🇸 Spain El País

The longest and most alive Constitution in our history

The Spanish Constitution of 1978 will become the longest-standing constitution in Spain's history on February 18, surpassing the 1876 constitution and reflecting significant differences in human rights and governance.

On February 18, 2024, the Spanish Constitution of 1978 will be recognized as the longest-lasting constitution in Spain's history, overtaking the earlier Constitution of 1876. This historical milestone highlights not just the longevity of the document but also the evolution of Spain's legal and social framework over the years. The 1876 Constitution, which was in force until 1923, was characterized by a lack of a comprehensive catalog of fundamental rights, imposing numerous limitations on freedoms such as expression and assembly.

In contrast, the 1978 Constitution represents a significant shift towards inclusiveness and individual rights. It establishes a broad array of rights and freedoms that, with few exceptions, are guaranteed to all individuals without severe limitations. This constitution emerged out of Spain's democratic transition post-Franco, aiming to address historical injustices and promote a more equitable society. The flexibility inherent in the 1978 Constitution has allowed it to adapt to contemporary societal demands, making it a living document that reflects the country’s evolving values and aspirations.

The comparison of these two constitutions not only sheds light on differing governance models but also illustrates the ideological and societal transformations across Spanish history. Where the 1876 Constitution served the interests of a specific political elite, the 1978 Constitution offers a framework that seeks to empower all citizens and support a diverse and pluralistic society. As Spain continues to navigate its modern challenges, the resilience and adaptability of the 1978 Constitution will remain pivotal in shaping its legal landscape and societal progress.

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