Political Reform Act


The Political Reform Act was adopted on November 18, 1976 by the Spanish Parliament with the support of 435 out of 531 members that formed the legislature, and submitted to a referendum with a participation of the 77,8% of the census and with 94,17% of the votes in favor. It had the status of Fundamental Law, being the last one of the Fundamental Laws of the Francoist State. The Act was repealed by the Spanish Constitution in 29 December 1978.

Background

Seven political associations, constituted thanks to the Political Associations Act of 1976, enacted during the government 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. 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.
After the bill was approved by the Council of Ministers, it was submitted to the National Council of the Movement and it was approved on October 16 by 80 votes in favor, 13 against and 6 abstentions. This body prolonged its own dissolution:

Content

The Political Reform Act was the legal instrument that allowed the Spanish Transition to be carried out within the dictatorial system established by General Francisco Franco. This law established a parliamentary monarchy under Juan Carlos I, and eventually led to a referendum to approve the Constitution of 1978.
The act is divided in five primary articles, three transitory articles and a final disposition.
The final disposition clarifies that the act will have the level of a fundamental law.

Parliamentary process

Since the first moment, President Suarez wanted to approve the act legally. His party defended the approval of the act in the Spanish legislature. The debate about the act started on November 16 and ended on November 18.
The first prosecutor to defend the act was Miguel Primo de Rivera and Urquijo along with Fernando Suárez González, the first representative of the lecture. The next day, November 17, was the turn of the prosecutors, who gave arguments in favour and against. The last day, November 18, was the responses of the impellers.
One of the most difficult moments was the intervention of Blas Piñar López against the act:

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 is known as the «harakiri of the Francoist Cortes»
The final words of the official approval of the Act were:

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.

Consequences

The approval of this law is seen as the political transformation of the country, turning Spain into a democracy, with a parliamentary monarchy and with the rule of law as one of the fundamental principles of the State.
This law also gives the sovereignty to the people and a lot of rights, which would later be developed by the Constitution of 1978. Other principle that this law establish is the separation of powers, previously all concentrated on the dictator and now divided between the government, the courts and the parliament or Cortes Generales.