Understanding the Spanish Constitution: Key Principles
Item 3: Core Principles of the Spanish Constitution
State of Law
The Rule of Law Measurement Principle: The state guarantees the exercise of fundamental rights. It divides the exercise of state powers between different institutions and subordinates its actions to the law, an expression of the will of the people.
Rule of Law: The popular expression of the will. Self-government for citizens requires the subordination of state powers to the will of the people expressed through their representatives. It means the state should be subject to the will of the sovereign people expressed through the law.
- Constitutionality Measurement Principle: The public powers are subject to the Constitution.
- Legality Measurement Principle: Subordination is required for the performance of state law; all public powers are subject to public law.
- Hierarchy: The Spanish legal system has its own hierarchical order that cannot be countered; a senior legal norm cannot derogate from a lower rank.
- Legal Certainty: Actions and consequences are predictable, ensuring equal treatment of identical situations. Each individual must know the legal consequences.
- Responsibility: Public servants are accountable for their actions and should assume responsibility for infringements.
- Interdiction of Arbitrariness: The government must abide by what is required by law.
- Retroactive Sanctions and Advertising
Control of Power Division: Division of the three powers: executive, legislative, and judicial.
Recognition and Guarantee of Rights: The Constitution enumerates various rights possessed by citizens for the sake of being:
- Subjective rights of the person
- Objective rights as components of the legal system
These rights are found in Title I and its divisions, chapters, and sections.
Social State
The Social State Measurement Principle: This is the idea of the state intervening in social life. It is perceived as:
- Economic regulations
- Service provider
- Entrepreneur in certain sectors
It plans the economy according to the Constitution and recognizes certain social rights.
Material Equality Measurement Principle: It corresponds to the public powers to promote the conditions for freedom and equality of individuals and groups in which they belong to be real and effective. The administration must remove the obstacles impeding their plenitude and facilitate the participation of citizens in political, economic, cultural, and social life.
Democratic State
Democratic Measurement Principle: Citizens have the right to participate in public affairs, either directly or through representatives freely elected in periodic elections by universal suffrage.
National Sovereignty: The Spanish political power belongs to the people from whom the other powers of the state emanate. Any exercise of power gains legitimacy through the people.
Participation Through Representatives: The people choose representatives who make decisions affecting the community. Between the people and their representatives are the political parties, which reflect the aspirations and have a monopoly on representation.
Semi-Direct and Direct Participation: This is to decide jointly the whole people, meeting in an assembly, on any decision affecting them, e.g., referendum, Popular Legislative Initiative (ILP).
Expressions of Pluralism: It creates democratic measurement principles equal to conditions for all members and creates pluralism: territorial, political, social, and religious.
Parliamentary Monarchy
Difference Between Monarchy and Republic: The difference is set on the head of state. In monarchies, it is not chosen, while in the republic, it is.
Parliamentary Monarchy in the Constitution:
- Position of the King: The King cannot act alone; all his acts are due and are certified.
- Inviolability, Irresponsibility, and Criminal Protection are specified.
Autonomic Principle
Composite or Decentralized State: The Constitution adopts a hybrid between a federal state and a unitary state. The Constitution has not provided for the specific Autonomous Communities (CCAA) or their duties, leaving open the possibility of creating them and providing them with content. Statutes will be the instrument to develop such autonomy.
Autonomic Measurement Principle: Indissoluble unity is guaranteed through three Spanish principles:
- Solidarity Measurement Principle
- Equality Measurement Principle
- Freedom of Movement Measurement Principle
Each autonomous device decides whether or not to create CCAA.
European Integration Principle
At the end of the Second World War, the idea of Europe as a “state” integrated by different states politically began to be formulated. It is directly applicable in all public organizations, including the courts. This principle states the primacy of states that cede some of their sovereignty to the EU.