Today in Spain we celebrate Constitution Day, coinciding with the anniversary of its approval in a referendum on December 6, 1978.
This anniversary is not just another one. The Spanish Constitution is suffering the worst attack in its history, at the hands of a coalition government formed by socialists (PSOE) and communists (Sumar) that has decided to ally with separatist parties to undermine three of the pillars of our fundamental law: national unity, judicial independence and equality before the law. In the face of this serious attack, we have many reasons to defend our Constitution. You can read some below.
1. In defense of Spain and its unity
The Spanish Nation did not appear out of nowhere with the approval of our Magna Carta. Spain is the basis on which the Constitution is based, which in its Article 2 proclaims that "it is based on the indissoluble unity of the Spanish Nation, common and indivisible homeland of all Spaniards." That is why the separatists have been trying to reduce our Constitution to rubble for years, and that is why it is illusory to think that the PSOE's surrender to the blackmail of the separatists could mean anything positive for Spain. What separatism seeks is to break national unity, as made very clear with the 2017 separatist coup in Catalonia. Today, the Constitution is the best legal dam we have against this attempt to destroy the unity of our Nation.
2. In defense of our coexistence
The Constitution was an achievement of a generation of Spaniards who lived through a bloody war between compatriots. The Constitution was inspired by a spirit of concord and reconciliation, while today the government and its separatist allies are moved by a sectarianism according to which half of the Spaniards would have the right to impose their will to the other half, violating a pact that received overwhelming support from 91.81% of Spaniards. We must defend that spirit of coexistence that guided our parents and grandparents.
3. In defense of the limits to political power
Likewise, the Constitution established limits on political power, reflected in our fundamental rights and also in judicial independence. The Socialist Party (PSOE) has been trying to destroy these limitations for decades, in an effort to concentrate more and more power in the government. Their attacks on judicial independence are not a mere conflict with the judges: they are an attempt to violate our rights in the face of abuses of political power. Any attack on judicial independence is an attempt to degrade our democracy and turn it into an authoritarian regime.
4. In defense of democratic rules
With the approval of the Constitution, the Spaniards established not only rules of coexistence, but also the democratic rules that must govern the activity of public powers and also what steps must be followed to reform the own Constitution. With their attack on the rule of law, what the government and its separatist allies intend is to modify de facto the Constitution by bypassing those rules, since they lack the qualified majority necessary to reform it legally. To do this, they distort what the Constitution says, helped by a Constitutional Court controlled by the socialists.
The Constitution is not a sacred text: it can be modified, but any modification must be made in accordance with the guidelines established by its text. The opposite is to impose on us Spaniards a blow to our constitutional framework, a blow against which we must react with all the legal means at our disposal.
5. In defense of common sense
Some people claim that this Constitution is not worth defending because it has defects. It is obvious that the Constitution is not perfect and must be improved, like any human construction. The authors of its text and those who approved it were not perfect and made mistakes, but the Constitution we have is much better than any text that could be agreed upon today between the majority of our political class, in view of the little respect that many political parties have been showing for issues such as judicial independence, equality before the law, freedom of education, freedom of expression or religious freedom, among other issues.
Proposing a reform of the Constitution or the drafting of a new text in these circumstances is foolish, and would be a great favor to those who try to undermine national unity and dams against abuses of power, since that they could establish new rules that, in light of recent experience, would be much worse than the previous ones.
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