Tuesday, December 9, 2008

The Spanish Constitution's 30th Anniversary

Although I do not have much time to write an extended blog entry on a very historic day, I wanted to note that Saturday marked the 30th anniversary of the Spanish Constitution of 1978 that ushered in the era of democracy after Franco's death in 1975.

Given the stability of the U.S constitution's place in the operation of the American government over the last 200 years, the rise of a new democracy -- in Western Europe, no less -- gives one an opportunity to reflect on the challenges that face a post-totalitarian European state as its people create a dynamic and inclusive civil society in a time of major demographic change in the industrialized core of the world economy.

In my case, the emergence of Spain as a major democracy in western Europe has made it an attractive destination for immigrants. As the number of immigrants grow in the country, the questions surrounding immigration have become major issue for the Spanish legal system, which was accustomed to managing emigration during Franco's reign. For instance: How does a legal and political system adjust to the needs of new immigrants? How does a legal and political system adjust to needs of Spaniards adjusting to the changes in their society? How does a legal system incorporate new legal developments within the EU?

The answer to these questions reflect a myriad of views of immigration, human rights, the relationship between individual/group and state/society. Some reflect pro-immigrant sensibilities while others smack of xenophobia and racism. Some reflect sensible approaches to immigration policy while others senselessly criminalize every aspect of the phenomenon. All of these responses, however, reflect the ongoing project of constructing a democratic society, which began 30 years ago. Without the presence of the constitution, it is unlikely that the debate over immigration, much less the opportunity to promote the rights of immigrants, would exist in this country. For that reason - the civil space to fight for justice - one must appreciate the significance of this day.

One quick observation from Morocco: the taxi drivers that serve the train station in Marrakech belong to a union representing the cabbies in the city.

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