Electoral Law in Spain: Principles and Historical Evolution
Unit 1: Introduction to Electoral Law
Electoral law is one of the most important foundations for democracy. Article 1.2 of the Spanish Constitution refers to a democratic principle: sovereignty belongs to the people, and from the people emanate all powers. Public officials’ ownership is only legitimate insofar as it is an expression of popular will. The town, as the electoral body, is directly responsible for elections to fulfill some very important functions:
- With or without substitution, this government will not have a substitution.
- West substitution implies that there are periodic elections.
- Bear in mind that democracy is not just a set of rules for citizens to elect their representatives; it is something more.
No democracy can be content in making choices, and these requirements should have priority: freedom and competitiveness. These conditions require that there be an election administration under the rule of law and that it has mechanisms to ensure that the electoral process is legitimate or legitimizing a democratic state of law. All this is covered by the Organic Law 5/1985 concerning the electoral system.
This is a form of political participation that cannot be extrapolated beyond the authorities. Direct participation is given in cases where the community immediately takes part in certain decisions.
Role of Democratic Elections
Elections are intended to elect our representatives for our political power and seek to reproduce three characteristics:
a) Produce Representation
Direct democracy is impossible to achieve; a representative body must be appointed. In the first elections, representatives were subject to command. This representation has evolved from lobbyists being dismissed, the warrant requirement, and the representative is not subject to the precise instructions of those who voted. The representatives defended everyone, not only those who voted for them. Gradually, representatives are released, and once elected, they do not represent their constituents but the nation. They defend general interests, and at this moment, universal and restricted suffrage appear. Evolution has been a necessity of democracy.
b) Produce Government
Elections offer a whole range of political possibilities. They usually involve parties forming governments. Democratic governments are representative; the electorate is involved in politics through their representatives, who also have to adapt to the people.
c) Produce Legitimacy
Those who are elected by the electorate have the title to form a government; this legitimacy is given through periodic elections with universal suffrage. Besides the electoral process, the campaign is the means by which all citizens participate.
Principles of Electoral Law
These are created on the same principles that underpin democracy and politics: equality, neutrality, and preventing distortion of popular will.
- Equality: This is a requirement imposed by Article 23 of the Spanish Constitution and is embodied in the laws governing the electoral process, primarily the election campaign, the organization of which ensures everyone enjoys equal opportunity.
- Neutrality: The State and administrative governmental authorities must not serve any party; the goal is to ensure transparency and objectivity of the election process and the electoral principle. For this reason, the majority of the members are judges with guaranteed independence, as per Article 8 of the LOREG.
- Preventing Distortion of Popular Will: This occurs when there is an alignment between what is voted and those voting.
Birth of Electoral Law in Spain
In the early nineteenth century, our country had no electoral experience, and earlier texts had many shortcomings that facilitated the emergence of irregularities in electoral laws.
Some of the historical laws:
- 1810: Our first elections.
- 1812: The Cadiz Constitution introduced the principle of national sovereignty.
- 1834: The Royal Charter still had indirect elections but lowered by two degrees, and the right to vote was linked to land ownership and education. Only landowners and those with education could vote.