ABSTRACT
The Constituent Assembly convened for the first time on 13 July 1977, to elect the first President of Congress. The Bill agreed to by all parties was prepared for approval in Parliament, but before it could be sent it was necessary to pass provisional regulations for the Congress of Deputies, which did not happen until 13 October. Law 46/1977 amnestied workers who had been removed from their positions for participating in unionised movements, although it is worth pointing out the crimes committed by the civil servants of the Francoist regime implied a de facto labour amnesty. Unlike what had happened with the preparations for the Amnesty Law, where political interest and swiftness were imperative, the Constitution was subject to profound doctrinal reflections and weighty analysis from a comparative law perspective. The clemency measures, essentially arbitrary, had to be adequately positioned in the constitutional State and the law, anchored to the principle of legality and the limits demarcated by human rights.
