Constitution of 1978 Autonomous communities of Spain

the starting point in territorial organization of spain second article of constitution, reads:

the constitution based on indissoluble unity of spanish nation, common , indivisible homeland of spaniards; recognizes , guarantees right self-government of nationalities , regions of composed , solidarity among them all.

the constitution rather ambiguous on how take place. not define, detail, or impose structure of state; not tell difference between nation , nationality ; , not specify nationalities , regions , or territories comprise. rather imposing, enables process towards decentralized structure based on exercise these nationalities , regions make of right self-government granted. such, outcome of exercise not predictable , construction deliberately open-ended; constitution created process eventual devolution, voluntary in nature: nationalities , regions had option of choosing attain self-government or not.

in order exercise right, constitution established open process whereby nationalities , regions constituted autonomous communities . first, recognized pre-existing 50 provinces of spain, territorial division of liberal centralizing regime of 19th century created purely administrative purposes (it recognized municipalities integrated provinces). these provinces serve building blocks , constituent parts of autonomous communities. constitution stipulated following constituted autonomous communities:

two or more adjacent provinces common historical, cultural , economic characteristics.
insular territories.
a single province historical regional identity .

it allowed exceptions above criteria, in spanish parliament could:

authorize, in nation s interest, constitution of autonomous community if single province without historical regional identity.
authorize or grant autonomy entities or territories not provinces.

the constitution established 2 routes accede autonomy. fast route or fast track , called exception , established in article 151, , implicitly reserved 3 historical nationalities —the basque country, catalonia , galicia—in strict requirements opt route waived via second transitory disposition territories had approved statute of autonomy during second spanish republic (otherwise, constitution required approval of three-fourths of municipalities involved population sum @ least majority of electoral census of each province, , required ratification through referendum affirmative vote of absolute majority of electoral census of each province—that is, of registered citizens, not of vote).

the constitution explicitly established institutional framework these communities parliamentary system, legislative assembly elected universal suffrage, cabinet or council of government , president of such council, elected assembly, , high court of justice. granted maximum level of devolved competencies.

the slow route or slow track , called norm , established in article 143. route taken—via first transitory disposition—by pre-autonomic regimes had been constituted in 1978, while constitution still being drafted, if approved two-thirds of municipalities involved population sum @ least majority of electoral census of each province or insular territory. these communities assume limited competences during provisional period of 5 years, after assume further competences, upon negotiation central government. however, constitution did not explicitly establish institutional framework these communities. have established parliamentary system historical nationalities , or have not assumed legislative powers , established mechanisms administration of competences granted.

once autonomous communities created, article 145 prohibits federation of autonomous communities . understood agreement between communities produce alteration political , territorial equilibrium cause confrontation between different blocks of communities, action incompatible principle of solidarity , unity of nation.

the so-called additional , transitory dispositions of constitution allowed exceptions above-mentioned framework. in terms of territorial organization, fifth transitory disposition established cities of ceuta , melilla, spanish exclaves located on northern coast of africa, constituted autonomous communities if absolute majority of members of city councils agree on such motion, , approval of spanish parliament, exercise prerogatives grant autonomy other entities besides provinces.

in terms of scope of competences, first additional disposition recognized historical rights of chartered territories, namely basque-speaking provinces, updated in accordance constitution. recognition allow them establish financial chartered regime whereby not have independence manage own finances, other communities, have own public financial ministries ability levy , collect taxes. in rest of communities, taxes levied , collected or central government , redistributed among all.

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