Understanding Universal Suffrage, Sources of Law, and Spanish Parliament

Posted on Mar 9, 2025 in Law & Jurisprudence

Understanding Universal Suffrage

Universal suffrage is a free, equal, direct, and secret act by which all citizens express their opinion through voting. It extends to all citizens without distinction who have reached the age of majority (over 18 years) and have the capacity to act.

Sources of Law

Direct Sources

  • The Law: A standard issued by the competent authority with due formalities, possessing a common, just, stable character, and sufficiently promulgated.
  • Custom: A standard of conduct born of repeated and constant social practice, regarded as binding by the community. It only governs in the absence of applicable law.
  • General Principles of Law: Ideas and arguments that, although not written, form the basis of the legal system and inspire the making of laws. These principles allow a correct understanding of the rules through elements of ethics, fairness, logic, and a sense of justice.

Indirect Sources

  • Case Law: Repeated criteria established by the Supreme Court in its judgments. The Civil Code provides that case law complements the legal framework with the doctrine established by the Supreme Court, reiterated in interpreting and applying the law, custom, and general principles of law.
  • International Treaties: Agreements between Spain and another State, or between Spain and an international organization. These can also be called covenants, agreements, conventions, or protocols. Treaties within Spain have the force of law and are subject only to the Constitution in the legal hierarchy.

Title III: The Parliament (Cortes Generales)

Legislative power resides in the Chambers, which are involved in drafting laws and international treaties. The Congress of Deputies and the Senate (two chambers: Congress and Senate) have the following characteristics:

  1. They represent the Spanish people.
  2. The Cortes Generales exercise the legislative power of the State, approve their budgets, and control government action.
  3. The Cortes Generales are inviolable.

Parliamentary Privileges

  • Inviolability: Prerogatives and privileges of deputies and senators that exempt them from responsibility for the views expressed and votes cast in the exercise of their functions.
  • Immunity: Prerogative of Members that exempts them from being arrested, prosecuted, or tried without prior authorization from the legislature to which they belong, unless they are caught *in flagrante delicto*.

Main Functions of the Congress of Deputies

  • Legislative initiatives.
  • Develop and adopt laws.
  • Validate or repeal decree-laws.
  • Approve the general state budget.
  • Vote on the inauguration of the President of the Government.
  • Motion of censure and vote of confidence.
  • Control questions.
  • Reform of the Constitution.
  • Receive requests from citizens.

The Senate

The Senate is the chamber of territorial representation. Congress can reject amendments to laws made by the Senate. The Senate can approve or reject measures proposed by the Government to compel regions to meet their obligations or to suppress actions that undermine the interests of Spain. The Senate consists of 259 senators elected for four years.