Understanding Spain’s Constitution and Democratic Principles
Key Concepts of the Spanish Constitution
Democratic Institutions
Set of institutions that enable the smooth functioning of the democratic state.
Hierarchy Regulation
Relation of rank and subordination between different kinds of rules comprising the legal system of a state.
Peoples of Spain
Human groups differentiated by their own cultural characteristics that comprise the Spanish nation.
Constitutional Monarchy
Political regime in which the head of state is a king or monarch who works under the control of the legislature and executive.
Autonomy
Self-government of nations and regions that make up Spain.
Democratic Legal System
The set of rules governing coexistence in a democracy.
Constitution
It is a supreme law that underlies all law of a country.
Preamble and Preliminary Title of the Constitution
The Constitution promotes:
- Ensure democratic coexistence.
- Consolidate the rule of law.
- Protect all Spaniards.
- Promote development, culture, and the economy.
- Establish an advanced and modern democratic society.
- Assist in strengthening peaceful relations and effective cooperation among all peoples of the earth.
Article 1
- Propounds higher values: freedom, equality, justice, and political pluralism.
- National sovereignty resides in the people.
- The Spanish state’s political system is the parliamentary monarchy.
Article 2
The constitution is based on the unity of the Spanish nation, recognizes and guarantees the right to autonomy of nationalities and regions, and the solidarity among them.
The Constitutional Values
1. Liberty
According to the constitution, “the dignity of the person” requires “the free development of his freedom.” In accordance with it, nobody can be deprived of their liberty, if not in accordance with the law. Moreover, all citizens can freely choose our residence and travel on the national territory as well as freely express and disseminate our thoughts.
2. Equality
Freedom must be compatible with equality, “the Spanish people are equal before the law without any discrimination that can prevail because of birth, race, sex, religion, or other status.”
3. Solidarity
All contribute to sustaining public expenditure according to their economic capacity, through a fair tax system based on the principles of equality and progressiveness.
4. Justice
A value that harmonizes all the other values and determines their application in specific situations.
5. Participation
Citizens have the right to participate in public affairs, directly or through representatives freely elected in periodic elections by universal suffrage.
Fundamental Concepts of Democracy
Sovereignty
The supreme political power in the state.
Government
The governing body and political power in democracies, according to the division of powers, assumes executive power.
Popular Will
The political will of citizens expressed together.
Democratic Attitude
Disposition to live together and reach agreements with those who have opinions and different interests.
Tolerance
Attitude of acceptance toward those with beliefs, attitudes, behaviors, and different interests.
Minority Rights
Those who are the most recognized democracy groups with minority opinions or behaviors.
Human Rights
The basic rights that all human beings possess by virtue of being human.
Universal Suffrage
The right of all citizens to participate by voting in certain political decisions and the choice of those who wield political power.
Division of Powers
The separation between the fundamental powers of the state.