2018

Abstract: After a century and a half of instability and hesitation, resulting from the limited expression of constitutional sentiment and the lack of normative value in constitutions, the study of constitutionalism in Spain suffered from a lack of focus and resources, until it succeeded in becoming a self-contained and boundless encyclopedic discipline.  With the adoption of the current Spanish Constitution in 1978 and the demarcation from political science imposed since 1981, it has become possible for this branch of law to clearly define its purpose and means over the past four decades, advancing in fits and starts but ultimately succeeding in taking its rightful place in a social and democratic state governed by the rule of law, giving rise to a scientific community that during that period grew, was renewed, and in the process buried many old clichés.

Following a brief overview of the evolution of Spanish constitutional law beginning with the first document known as the “Constitution of Cádiz,” along with a detailed analysis of the status of this document at the outset of Spain’s democratic transition, this study highlights the main doctrinal concerns and lines of research over the past four decades, distinguishing between those that influenced the implementation of the new constitutional system and those that have emerged in the wake of the current crisis in Spain.

 

Keywords:constitutional law, Spain, democratic transition.