The Constitution and the adaptation of the Law to the new social reality

The commemoration of the 40th Anniversary of the Constitution of 1978 is a fitting occasion to link together the role of the Law as a driver of social change with the simultaneous need for the Law to be able to adapt, when appropriate, to the new social reality, interpreting the legal norm in a flexible way.

It is clear to see that the Constitution of 1978 enabled and facilitated social change in our country, driven by institutional stability with a democratic basis, enabling it to join in Europe’s economic and social development, along a course of continuous progress. The Constitution therefore became an instrument of social transformation.

However, the vitality and dynamism of this transformation in turn had an effect on the constitutional norms themselves, imposing flexible and open interpretations that embraced new habits, new behaviours, new customs that provided the framework for a new interpretation of the Law. In this way, the Constitution, which was at the very source of social transformation across Spain, also opened up a process of constant adaptation to new realities which, without the need for complex constitutional reforms, gave legislators the ability to flexibly incorporate new demands from society. In this context, the role of the Constitutional Court itself endorsing, when appropriate, this flexible and open interpretation of the text of the constitution, gave stability to the legal and political framework of the State and incorporated the experiences and inputs of a changing social reality.

In this exercise, the legal profession has played a fundamental role as the primary articulator of the Law and the favoured outlet for emerging social needs. Once again, the legal profession has played a decisive role in strengthening the Rule of Law.