Spain’s Political Framework: Monarchy and Parliament

Posted on Mar 28, 2025 in History

Spain’s Parliamentary Monarchy

The political form of the Spanish State is the parliamentary monarchy. It is a monarchy because the Head of State is the King, and parliamentary because it is based on a bicameral parliamentary system consisting of:

  • The Congress of Deputies
  • The Senate

The King is the Head of State and is separate from the three branches of government (legislative, executive, judicial) and their relationships. To ensure political stability, the figure of the King is not subject to liability; his acts must be countersigned (supported) as required by the Constitution. The Spanish Crown is hereditary.

The Spanish Crown

Powers and Functions of the King

  • Approve and promulgate laws.
  • Summon and dissolve the Cortes Generales (Parliament).
  • Convene elections.
  • Call for a referendum under the terms provided for in the Constitution.
  • Propose a candidate for President of the Government (Prime Minister), appoint him/her, and end his/her functions under the terms provided for in the Constitution.
  • Appoint and dismiss members of the Government, upon the proposal of its President.
  • Confer civil and military posts and award honors and distinctions.
  • Be informed of the affairs of State and, for this purpose, preside over the meetings of the Council of Ministers when he deems appropriate, at the request of the President of the Government.
  • Exercise the supreme command of the Armed Forces.
  • Declare war and make peace, previously authorized by the Cortes Generales.

Royal Household and Budget

  1. The King receives an overall amount from the State budget for the upkeep of his family and Household and distributes it freely.
  2. The King freely appoints and dismisses the civil and military members of his Household.

Legislative Branch: Cortes Generales

The legislative branch holds the power to develop, adopt, and amend laws. It is embodied in the Cortes Generales, which consist of the Congress of Deputies and the Senate.

The Cortes Generales represent the Spanish people.

Duties of the Cortes Generales

  • Develop, adopt, and amend laws.
  • Approve the State budgets.
  • Control the actions of the Government.

The Cortes Generales operate autonomously and are not subject to external control or actions that limit their powers. Members of the Parliament (Deputies and Senators) enjoy immunity and can only be arrested in case of flagrante delicto (caught in the act). They cannot be indicted or tried without the prior authorization of their respective chamber.

Congress of Deputies

The Congress comprises a minimum of 300 and a maximum of 400 Deputies (currently 350). Deputies are elected every 4 years by universal, free, equal, direct, and secret suffrage.

The Senate

The Senate is the chamber of territorial representation. It currently consists of 266 Senators (Note: The original text mentioned 264, but the number can vary slightly).

  • Directly Elected Senators: 208 Senators are elected every 4 years by universal, free, equal, direct, and secret suffrage in provincial constituencies. Generally, 4 Senators are elected per province, 3 for each of the major islands (Gran Canaria, Mallorca, Tenerife), 2 for Ceuta and 2 for Melilla, and 1 for each of the smaller islands or island groups (Ibiza-Formentera, Menorca, Fuerteventura, La Gomera, El Hierro, Lanzarote, La Palma).
  • Appointed Senators: The legislative assemblies of the 17 Autonomous Communities designate additional Senators: one Senator for each Community, plus another one for every million inhabitants in their respective territories (currently 58).

Organs of the Cortes Generales

Court of Accounts

The Court of Accounts (Tribunal de Cuentas) oversees the economic and financial management of the State sector. It depends directly on the Cortes Generales, and its jurisdiction extends throughout the national territory.

The Ombudsman

The Ombudsman (Defensor del Pueblo) is a high commissioner of the Cortes Generales responsible for defending the fundamental rights and public liberties of citizens by supervising the activity of the Public Administrations. The Ombudsman is appointed by the Cortes Generales.

Executive Branch: The Government

The executive power is exercised by the Government. This body directs domestic and foreign policy, civil and military administration, and the defense of the State. It exercises executive functions and statutory powers in accordance with the Constitution and the laws.

The Government is composed of:

  • The President (Prime Minister)
  • Vice-Presidents (if any)
  • Ministers
  • Other members as established by law.