The Spanish Constitution: An In-Depth Analysis
Understanding the Spanish Constitution
The Spanish Constitution holds a value superior to all others, making it a cornerstone of the nation. It involves many sectors to ensure its effectiveness. It is a framework in which everyone can find elements that satisfy their needs.
Key Principles
- Sovereignty: Resides in the nation.
- Universal Suffrage: All citizens over 18 years of age have the right to vote.
Separation of Powers
Legislative Branch
The legislative branch is organized based on two chambers:
- The Congress of Deputies: Consists of approximately 350 members. The lists are closed, meaning the party selects the members. Constituencies are determined by dividing the population of the province by 80,000 voters and then allocating seats based on the number of inhabitants.
- Senate: The chamber of territorial representation. Each province has 4 senators, with additional senators depending on the number of inhabitants. The election system is open, allowing voters to directly choose their representatives.
The role of Congress is to write laws, and the Senate’s role is to ratify laws and act as a filter to approve or disapprove of Congress’s actions.
Legislative Procedure
- Initial Impulse/Legislation: Can only originate from the government when implementing its political program.
- Initiative Process in Congress: Conference committees, grouped by specialty, are responsible for drafting the law, respecting the majority.
- Plenary of Congress: The committee submits drafts to the plenary, where amendments are read, proposed, and debated. All amendments are voted on by members of Congress.
- Senate Review: The Senate receives the final text, reads it, and votes. Amendments are not allowed. If approved, it is sanctioned by the King, who checks if all processes have been followed and then publishes it in the Official Gazette. If the Senate rejects it, the law returns to the legislature for review. If approved, it goes directly to the King without further Senate involvement.
Executive Branch
Consists of the President and government ministers. The President is elected by the Congress of Deputies, making it an indirect suffrage. Voters choose the party, which then selects the President. Ministers are chosen by the Prime Minister and are positions of trust, not necessarily from the same party. Elections are held every 4 years.
Judiciary
Composed of judges and magistrates who are selected through a competitive examination process. The General Council of the Judiciary oversees this process, consisting of 12 judges and magistrates. Of these, 4 are chosen by judges, 4 by parliament (legislative power), and 4 by the Executive.
Economic Rights
The economic model is based on capitalism, with laws protecting private property and free enterprise.
The Crown
The Crown is a high school that is part of the establishment of the state: head of state, namely the king.
- Requirements: Heritage: big on small il’home on dona.Juan Charles I: Helena, Cristina and Felipe (future king, despite being the smallest) – One aspect to be reformed because it is discriminatory.
- Functions: Function of the notary was greater in the kingdom, which oversees compliance of things. Is the ambassador (representative of the state) and army chief.
Church-State Relations
Spain is considered a secular state without an official religion. A Concordat exists with the Vatican, and the state financially subsidizes the church. There is freedom of worship.
Reform of the Constitution
Suspending any article of the Constitution requires extreme situations and a 3/5 majority in Parliament. Changing a rule requires opening a constitutional period, which is a long and laborious process.
Decentralization
Spain provides for an autonomous state, not a federal one. Sovereignty resides in the Spanish citizens. The state grants powers to the autonomous communities. These communities receive certain skills that can be transferred.
Limit powers: The Constitution stipulates that aspects affecting a region can be managed by that region, but issues affecting multiple regions are managed at the state level.