Spanish State Structure: Law, Rights, and Governance
Rule of Law and the State
The French Revolution introduced a new state concept based on the rule of law and separation of powers (legislative, executive, and judicial), as articulated by Montesquieu in The Spirit of Laws. This concept emphasizes adherence to legal rules. The Social State mandates that the state not only respects individual and collective rights but also ensures citizens’ dignity and social well-being.
Democratic State and Governance
A democratic state guarantees individual rights and freedoms through free, direct suffrage and secret ballots. The branches of government are:
- Legislative: General Courts ( Cortes Generales), responsible for lawmaking.
- Executive: Government, including the President and ministers.
- Judiciary: Judges and magistrates.
The Spanish Constitution
Adopted on December 6, 1812, the Spanish Constitution is the supreme law. It is structured with a preliminary title, additional provisions, transitional provisions, and a repeal provision.
Preliminary Title
Key principles include:
- Spain is a social and democratic state of law.
- National sovereignty resides in the people.
- The state is based on the unity of Spain.
- The political system is a parliamentary monarchy.
- Castilian is the official language.
- Madrid is the state capital.
- Citizens and authorities are subject to the Constitution.
Fundamental Rights and Duties
Fundamental rights and duties encompass:
- Personal rights: life, liberty, religion, expression, education, privacy, and inviolability of the home.
- Political and social rights: assembly, association, organization, strike, petition, and establishment of political parties.
Duties include military service, conscientious objection, sustaining public spending, the right and duty to work, private property rights, marriage, collective bargaining, and freedom of the press. The Ombudsman defends citizens’ fundamental rights.
Parliamentary Monarchy
In a parliamentary monarchy, the monarch is the head of state but does not govern, lacking executive power. The monarch is inviolable, with actions countersigned by government ministers.
Succession
Succession rules prioritize males over females, age within the same sex, and the deceased heir’s children and grandchildren.
General Courts (Cortes Generales)
The General Courts exercise legislative power and comprise the Congress of Deputies and the Senate. They represent the Spanish people, approve budgets, monitor government action, and are inviolable. Deputies and senators have parliamentary immunity.
Congress of Deputies
The Congress of Deputies has 350 members elected every four years by universal suffrage, with provinces as constituencies.
Senate
The Senate represents territories, with 259 senators elected for four years. It shares legislative functions with the Congress.
Other Key Bodies
The Constitution establishes the Constitutional Court, the Court of Auditors, and the Ombudsman.