In most countries the Magna Carta or constitution establishes the course of a nation, since it is the general legal framework in which coexistence develops . The so-called ’78 regime is currently debated and there are two antagonistic positions on it.
Constitutionalist political parties
PP, PSOE and Ciudadanos are political formations with conflicting ideological approaches. However, they all agree on one thing: the framework of the 1978 Constitution must be defended and any possible reform must be done respecting the criteria established in the constitutional text itself.
For these parties, the Magna Carta in force has been useful in many ways:
1) Spain has established itself as a modern state comparable to the nations of its environment in the European Union ,
2) its approval through a referendum was supported by the vast majority of citizens and
3) The approved text was the result of a consensus among all the political formations of the time and allowed overcoming the wounds of Francoism and starting a stage of national reconciliation.
Nationalist parties and PODEMOS defend the need to overcome the 1978 regime
The preliminary title specifies that Spain is indissoluble and cannot be divided, but at the same time the right to political autonomy of the different territories of the nation is recognized. At this point, the nationalist parties of Catalonia and the Basque Country maintain that the unity of the homeland should not be an immovable principle, since the inhabitants of the autonomous regions should be able to express their will freely and democratically and decide their future as a sovereign nation.
Consequently, they consider that the Spanish Constitution represents an obstacle against their legitimate aspirations.
The representatives of PODEMOS and other formations have another line of argument: the new generations have not expressed their will regarding the general framework of the nation and, therefore, a new referendum should be considered to approve a new constitutional proposal.
On the other hand, those who oppose the Magna Carta consider that the system of government ( monarchy or republic) should also be put to a vote.