45 years ago, the 1978 Constitution was adopted in a very difficult situation, but full of enthusiasm for living in a democracy. The Constitution was created for all citizens to limit government, always subject to the law and ensure that all people are free and equal. In this sense, the Constitution is presented as an example of a fundamental norm agreed upon by the political forces of the transition period, and therefore as the result of a political agreement. But the truth is that not all of society participated in this agreement.

On a date like December 6, we must prove the importance of the Constitution by guaranteeing its significance as a fundamental norm of coexistence and unity, and not as an element of rupture or disappointment that causes distancing of social groups, be it by age or gender. or territorial issues. In other words, affirming the validity of the Constitution means being willing to update and reinvigorate it day after day so that it does not lose its validity.

Indeed, after 45 years of life, some changes are necessary and even urgent, since we believe that a large part of today’s society was born after its approval and does not feel it as their own or typical of their time. In this sense, the 1978 Constitution is disconnected from a part of society, which causes the isolation of this society at the end of 2023 from the other one within which it was created in the late 1970s.

Profound and disruptive social changes have widened this “generational” distance between text and society, which is confirmed by ignorance of the norm and distancing from it. And from this reality arises the undeniable risk of a disconnect between the Constitution and the sovereign people, which, if not managed properly, could lead to serious situations of social conflict.

Affirming the validity of the Constitution means being willing to update and reinvigorate it day after day so that it does not lose its validity.

If we consider ourselves to be a mature society in the democratic sense, we must make a strong and courageous decision to grow on the basis of the Constitution. Now, to achieve this goal, the political class must be at the top. Constitutionalist political forces must set an example for society; they must form a constitutional culture among young people in order to continue to benefit from what we have thanks to the Constitution. Of course, they must lead by example by making decisions and acting with the firm belief that the Constitution is the basis for action and that there is nothing outside it, because without it there is no rule of law. No reason prevents dialogue and discussion to reach consensus as long as we agree that it is necessary to achieve the common goal of building an egalitarian, fair, balanced and therefore democratic society.

What is needed is consensus, dialogue and a return to the right path. Consensus had to be worked on during the Transitional Period, exactly for three years, while the founding process lasted, leaving aside those issues or content that closed the door to agreement, and assessing the final goal: exit from dictatorship, approval of the Constitution. and live freely.

But consensus requires agreement on the basics, on what is needed to further develop as an inclusive and egalitarian, just and developed society, strengthening what unites and distancing what divides.

Now that the Constitution is 45 years old, I believe that this is what the vast majority of society demands. A constitutionalist reunification in which the women (previously excluded) and men of Spain decide to continue together, to build the country, weaving networks for future generations so that, when they look back, they have a clear role model and can feel pride in their nation and commitment. of its Constitution. The constitutionalist option can only be this: an agreement on coexistence within the framework of the Constitution and the rest of the legal system determined by it.

The option of refusing debate and discussion to reach agreement corresponds to the very denial of the democratic essence or, in other words, the view that our model of organization and coexistence has been exhausted. And we, as constitutionalists, cannot assume this.

Ana Aba Katoira. Dean of the Faculty of Law and Professor of Constitutional Law at the University of A Coruña.