MADRID — When seven males gathered in 1977 round a protracted inexperienced desk within the Spanish Congress to write down a Structure for a brand new, democratic Spain, they spent a month, on and off, arguing over a single phrase.
It was simply two years after the dying of Gen. Francisco Franco, the Spanish dictator who had suppressed makes an attempt to create regional autonomy.
The 2 Catalans on the desk, Miquel Roca and Jordi Solé Tura, needed the textual content to grant the precise of self-government to Spain’s constituent “nations” — an implicit reference to Catalonia, Galicia and the Basque Nation — Mr. Roca recalled in an interview. The opposite 5, who included certainly one of Franco’s former ministers, refused.
Ultimately, they reached a compromise. The ultimate textual content spoke not of countries — however of areas and nationalities.
“We needed a bit extra, and a few others needed a lot much less,” Mr. Roca mentioned. However all in all, “it was a hit.”
Forty-one years after the Structure was handed in a 1978 referendum, that is still a extensively shared opinion. For a textual content written whereas Spain was nonetheless ruled by Franco’s acolytes, the Structure, in addition to the democratic transition basically, is taken into account a outstanding achievement.
However at the moment’s Spaniards are more and more questioning whether or not what was a triumph when it was written could, 4 many years later, have left the nation in a impasse.
Issues with the Structure gave momentum to the Catalan independence motion — which has itself spurred the emergence of Spain’s first far-right get together since Franco — and contributed to the downfall of two nationwide governments in lower than a 12 months, the most recent simply final month.
These rising pains of the younger democracy have left Spain — whose mesmerizing transition grew to become a talisman of European progress within the late 20th century — an emblem of the Continent’s disarray within the 21st.
“The Structure was an incredible achievement for the time, because it was very uncommon to get totally different events to agree in that second,” mentioned Virginia Pérez Alonso, a co-editor of Público, a Madrid-based information web site.
“However that consensus is what we don’t now have,” Ms. Alonso added. In the present day, “there are in all probability as many approaches to the Structure as there are political events in Spain.”
For some on the left, the Structure has proved to be too imprecise in its guarantees about housing, employment, well being care and pensions.
For some on the precise, the Structure has show to be too versatile, permitting Catalan nationalists to demand increasingly more autonomy till making an attempt to interrupt away fully in 2017.
The decentralized state permitted by the Structure is “a spotlight of instability and anti-Spanishness,” mentioned Santiago Abascal, chief of Vox, the emergent far-right get together that will scrap clauses dedicated to regional autonomy.
But for the Catalan separatists, the textual content has not been versatile sufficient: It bars them from organizing a authorized referendum on independence with out the assist of the Spanish authorities.
Even the phrase “nationality,” seen as such a victory 41 years in the past, has been a fickle pal.
In 2010, when the Constitutional Courtroom pared again elements of Catalan self-rule, the court docket’s judgment relied partly on the truth that the Structure referred to nationalities reasonably than nations.
And it was that call that helped flip the thought of Catalan independence, beforehand a minority pursuit, into one that will ultimately maintain the assist of one thing approaching half the Catalan voters.
When the constitution was written by the seven “Fathers of the Structure” (there have been no girls), Mr. Roca by no means anticipated it could be handled because the straitjacket that some now take into account it.
Even with the Structure’s present wording, Mr. Roca believes it permits for as a lot self-government as may be achieved with out really seceding from Spain.
Although the textual content makes army conscription “obligatory,” it was interpreted in 2001 in such a method as to abolish it. Although the textual content grants solely “man and girl” the precise to marry, it was interpreted in 2005 in a method that allowed same-sex unions.
Sections on regional autonomy had a equally “versatile interpretation that allowed for adaptation,” Mr. Roca mentioned. The one final result that it bans is the creation of a completely separate nation.
No structure “can deal with the independence of part of the state,” he mentioned. “It’s not the duty of a structure to unravel the issue of a revolution.”
For others concerned within the creation of the Structure, this makes the separatists the first supply of Spain’s stalemate, not the Constitutional Courtroom, not to mention the textual content itself.
“The present political disaster can’t be attributed in any method to our Structure,” mentioned Alfonso Guerra, a former deputy prime minister of Spain who suggested on the wording of the textual content however who was not one of many seven authentic authors. “That’s brought on by a bunch of independentists that wish to destroy it, since they wish to destroy as effectively the unity of Spain.”
To their critics, the separatist leaders are opportunists who latched onto the thought of secession to distract Catalan voters from corruption scandals and financial mismanagement by their very own leaders.
“What they did,” mentioned Pablo Casado, the chief of the Spanish opposition and the pinnacle of the conservative Standard Celebration, “was to invent an enemy.”
To many separatists, that appears a gross misrepresentation.
It was Mr. Casado’s get together that had requested a ruling by the Constitutional Courtroom within the first place, they be aware.
Afterward, they felt pressured towards the nuclear choice of an unconstitutional referendum on independence as a result of the court docket’s 2010 determination left them with neither authorized recourse nor a way of negotiating with the Spanish state.
“For many individuals, that was a turning level,” mentioned Gabriel Rufián, a far-left Catalan lawmaker.
For Mr. Rufián, Spain’s present disaster is rooted in a failure to correctly full Spain’s democratic transition within the 1970s.
After Franco’s dying, the ministers, officers, troopers and judges who had underpinned his 41-year dictatorship had been allowed not simply to proceed in public life, but additionally to form it.
Manuel Fraga, the previous Franquist minister who helped write the Structure, later based the conservative Standard Celebration, which stays a pillar of recent Spanish politics.
To Mr. Rufián, the mentality of the previous Franquist regime has by no means fairly been stamped out — to today, the variety of unidentified corpses buried in mass graves from the Franco period is second solely to these in Cambodia, and 1000’s stay in unmarked graves.
To flee the shadow of Francoism as soon as and for all will finally require a clear break from Madrid, he mentioned.
“We had a dictatorship for 40 years, however we had no Nuremberg course of,” mentioned Mr. Rufián. “The so-called transition was a lie.”
However throughout the institution left, that is an excessive view.
A extra favorable interpretation highlights how the Socialist get together, which was banned below Franco, has held energy greater than every other get together since his dying.
By 2008, the pinnacle of the armed forces was a normal who was overtly leftist. And if senior judges have made politicized selections, it’s as a result of they’ve been appointed by parliaments and governments from each the left and proper.
Due to the transition and the Structure, Spain has change into certainly one of “probably the most tolerant societies on this planet,” mentioned José Luis Rodríguez Zapatero, the Socialist prime minister between 2004 and 2011.
In the present day’s deadlock, he mentioned, is as a substitute the results of stubbornness by each the separatists, who haven’t admitted to errors, and the center-right authorities that was in energy through the 2017 secession try.
For its personal political causes, it appeared ‘‘to be extra delighted with confrontation than with an sincere recognition of the range of Spain,” Mr. Zapatero mentioned.
The one answer, he added, was “coexistence, which suggests recognition and respect, and there is just one method to obtain it — the political dialogue, which requires extra braveness than confrontation.”