Understanding the Spanish Constitution: Key Questions Answered
Understanding the Spanish Constitution
What year was the Spanish Constitution created? 1978
What is the Spanish state?
A social state and democracy of law whose form of government is a parliamentary monarchy.
Who is the head of the Spanish state? The King
What functions do the courts and the institutions which form them have?
Representatives of the Spanish people have a set of powers conferred by the Constitution. They are formed by the Senate and the Chamber of Deputies:
- The Senate is the upper house of the Cortes Generales and constitutionally represents the Spanish people.
- The Congress of Deputies is the lower house of the Cortes Generales, the constitutional body that represents the Spanish people.
What three generations of rights are there?
- First generation: dealing with freedom and political participation. These are civil and political rights, and serve to protect the individual from the excesses of the State.
- Second generation: related to equality. They are social, economic, and cultural rights.
- Third generation: the right to a healthy environment free of problems.
What attitudes should a citizen show to ensure respect for the rights of all?
The attitude should be shaped by good ideas. Good and noble ideas come from a well-educated heart with universal ethical values.
What international procedures have been established for the protection of human rights?
Inter-American Court of Human Rights, Special Rapporteur for Freedom of Expression, Rapporteur on the Rights of Women, Special Rapporteur on Migrant Workers and Members of Their Families, Rapporteur on the Rights of Indigenous Peoples, Rapporteur on the Rights of Children, Displaced Persons, Judicial Facilitators
What types of duties are there?
Curricular duties of character, training, and use of leisure time.
What is democracy, and where was it born?
Democracy is a form of organization whose predominant characteristic is that power resides in all of its members. It was born in Greece.
What political regimes can the government of a state take?
Democratic state, authoritarian state, and socialist state.
What are the pillars of Spanish democracy? Explain.
- Respect for fundamental rights and liberties.
- Rule of law.
- Free and periodic elections.
- Division of State functions.
Differences between direct and indirect democracy.
- Direct democracy: where the decision is made directly by the people.
- Indirect democracy: where the decision is taken by persons recognized by the people as their representatives.
Where is the separation of powers? Explain.
- Government Executive Body: whose function is to govern and enforce the laws.
- Judicial Authority: government that has the function of administering justice.
- Legislative Authority: government that serves to make and amend laws.
Which means that power is legal and legitimate?
- Legal: consistent with justice.
- Legitimate: under a legal mandate, justice, reason.
Where is the national democracy in Spain?
In town.
What does it mean that Spain is a social and democratic state of law?
- Rule of law involves the submission of state power to the rule of law as a guarantee of individual freedom.
- Social status means that public authorities not only allow for equality and freedom, but should intervene actively to promote these values.
- Democratic state recognizes the sovereignty of the Spanish people and requires political pluralism reflected in political parties.
What basic political values are set out in Article 1 of the Constitution?
Freedom, justice, equality, and political pluralism.