The current Spanish constitution was drafted by a process heavily dominated by members of the former Francoist regime. The Spanish people were never formally asked "What sort of constitution would you like?" They were asked "Would you like a democratic constitution or not?" And I think a lot of people voted 'yes', whether or not they liked the constitution on offer, but simply because they wanted to ensure the return to democracy and the end to dictatorship was solidified. A fairer process of drafting a constitution would have produced a very different document.

If a dictatorship offers people democracy on its terms, people will accept it. But, was their choice really free? Would they have agreed to the same terms if the threat of dictatorship wasn't there? (1978 was only three years after Franco died, Spanish democracy was very young, and it was entirely believable in 1978 that it might not have lasted.)