Constitutional Concepts: ‘People’ and ‘Spain’ Definitions
References in the Spanish Constitution
The concept of “People” appears several times in the Spanish constitutional text, both in singular and plural forms. Key references include:
- Preamble, last paragraph
- Article 1.2
- Article 66.1
- Article 54
- Article 117
“People of Spain” (Plural)
When used in the plural (“People of Spain”), the term carries a prevailing cultural connotation. In contrast, the singular phrase “People” often denotes political functionality.
“Towns” (Pueblos) and Cultural Heritage
The term “Towns” (Pueblos), often meaning municipalities, appears in the fourth paragraph of the Preamble and Article 46.
“…the Spanish nation… proclaims the will to protect all the peoples of Spain and Spanish…”
“…The public authorities guarantee the preservation and enrichment of the historical, cultural heritage… manifested through goods that carry various artistic, historical, archaeological, ethnographic, scientific, and technical interests… and the people of Spain…”
This attributes the possession of cultural heritage, history, and active cultures to these entities. They possess a living historical and artistic heritage, encompassing municipalities and institutions. This connects with the broader concept of the “peoples of Spain”—an open, generic idea whose political, legal, social, and cultural manifestations depend on the distinct historical background of each “people of Spain”.
Defining “Peoples of Spain”
The “Peoples of Spain” are understood as human communities within the historical-cultural reality encompassed by the word “Spain”. They are signified by various elements of cultural identity, both past and present, manifested as:
- Cultural Values: A set of values affirmed over time (traditions, rituals, festivals, folklore, music, folk arts, transmitted orally or through action).
- Symbolic Communication: Language, specifically the linguistic sign systems unique to such cultural communities.
- Organizational Performance: Distinct community institutions and structures for conserving their cultural experience and transmitting it to the future.
- Material Remains: Cultural heritage deposited as a memory of their previous cultural experiences.
The “Spanish People” (Singular) and Sovereignty
Article 1.2 of the Spanish Constitution (EC) states: “National sovereignty resides in the Spanish people, from whom the powers of the State emanate.”
The “Spanish People” refers to the global political community, encompassing all its members under political standards. It represents the supreme power that exercised constituent authority. The powers of the state “emanate” from the Spanish people. Furthermore, the Spanish people exercise legislative power, which is an expression of the popular will, meaning all citizens.
Concepts of “Spain” and “Spanish”
These terms (gentilics derived from Spain) carry political, sociological, and cultural overtones.
- Cultural Plurality (Preamble): The fourth preambular paragraph, mentioning “…all Spanish…”, acknowledges diverse cultures, traditions, languages, and institutions, aiming to convey the cultural identity of the entire community. Individuals belonging to different “peoples of Spain” share the “Spanish” condition and are equal within it.
- Linguistic Unity: “Spanish” also refers to a cultural unit defined by its own language, Castilian, which the Constitution states all Spaniards have the duty to know and the right to use.
- Spain as a Community: The constitutional text portrays Spain as a caring community encompassing a plurality of primary cultural realities: its diverse cultural peoples and languages.