Spanish Constitution 1978: Key Democratic Institutions
The Spanish Constitution of 1978
The Spanish Constitution is the supreme law of the land. It includes our superior values that should guide our coexistence: freedom, justice, equality, and political pluralism.
Government
- Spain is a social and democratic state of law.
- National sovereignty resides in the Spanish people.
- The form of state is the parliamentary monarchy.
- Spain is set up as a decentralized state composed of 17 autonomous communities and two autonomous cities.
Rights and Duties of the Spanish People
- The right to life and physical and moral integrity.
- The duty to pay taxes and conserve the environment.
Key Democratic Institutions of the Spanish State
Head of State (The Crown): The King is considered a symbol of unity and permanence of Spain. Among other functions, he can sanction and promulgate laws, convene and dissolve the Cortes Generales, and call a referendum in the cases provided by the Constitution.
Presidency of the Government: Elected by Parliament after the elections, the President exercises the executive function under the Constitution and the laws. The President directs the domestic and foreign policy, civil administration, and military defense of the state.
Senate: The Senate is a parliamentary chamber with a legislative function. It also controls the action of the government throughout its execution.
General Council of the Judiciary: The governing body of the Judiciary of Spain, it ensures the independence of judges and lawyers in relation to other branches of power.
Constitutional Court: This judicial body controls the constitutionality of the rules with the force of law and international treaties. It also invalidates all kinds of constitutional conflict.
Ombudsman: A personality chosen by the government whose main function is to ensure the protection and defense of fundamental rights and civil liberties of citizens.
Nation-State
The state is the set of political institutions that organize and govern a territory. There are highly centralized states with a capital and a strong bureaucracy, and highly decentralized states. Democratic states are governed by constitutions and legislation based on respect for human rights. They aim to become democratic and social states of law, which guarantee a high degree of freedom, justice, public order, and security for their citizens through the exercise of individual powers.
The Social and Democratic State of Law
A social and democratic state of law is governed by the following principles:
- The separation of powers: The independent powers (executive, legislative, and judicial) act as a counterweight system, so there is no abuse or concentration of power in one spot.
- Freedom, justice, and equality: The state guarantees a legal framework that applies to all citizens alike, freedom of expression, the right to elect political representatives, equality before the law, and the elimination of extremes of wealth and poverty.
- Solidarity: The state guarantees social rights of individuals and minimum public services that provide a reasonable standard of living.
What are the Political Forms of a Social and Democratic State of Law?
Democracies that are configured as a social and democratic state of law can be of two types: parliamentary monarchies, like Britain and Spain, or republics, such as France and Italy. In a parliamentary monarchy, a king or queen serves as head of state, with the powers assigned to him by the constitution of his country. The power exercised is limited and is under the control of Parliament.