Spanish Constitution: Key Principles and Rights
Higher Values of the Legal System
The higher values of the Spanish legal system are freedom, justice, equality, and political pluralism.
Sanction of the Constitution
The Spanish Constitution was sanctioned on December 27, 1978.
Role of the Armed Forces
The Armed Forces must ensure the sovereignty and independence of Spain, defending its territorial integrity and legal order. They are made up of the Army, Navy, and Air Force.
Preventive Detention
Preventive detention cannot last longer than the time strictly necessary to carry out the investigations aimed at establishing the facts. In any case, the maximum term is 72 hours.
Rights of Detainees
Any person arrested shall be ensured legal advice.
Inviolability of the Home
A person’s home is inviolable. Entry or registration will require a court order or the consent of the owner.
Limits of Freedom of Expression
Freedom of expression is limited by the right to honor, privacy, and reputation.
Number of Articles in the Constitution
The Spanish Constitution has 169 articles.
Prohibition of Prior Censorship
Article 9 prohibits prior censorship.
Ratification of the Constitution
The Spanish people ratified the Constitution through a national referendum on December 6, 1978.
Filing an Appeal
An appeal may be filed by the People’s Advocate and any person.
Justice According to the Constitution
According to the Constitution, justice is a legal order of superior value.
Promoting Freedom and Equality
The corresponding public powers shall promote the conditions for the freedom and equality of individuals and groups to be real.
Rights Not Suspended During State of Emergency or Siege
Judicial rights shall not be suspended in the states of emergency or siege.
Suspension of Fundamental Rights
The suspension of fundamental individual rights requires judicial authorization.
Rights That May Be Suspended
The rights that may be suspended are the inviolability of the home, the secrecy of communications, and the maximum duration of preventive detention.
Constitutional Question
The constitutional question is raised before the Constitutional Court.
Entry into Force of the Constitution
The Constitution entered into force on December 29, 1978.
Approval of the Constitution by the Courts
The Courts approved the Constitution on October 31, 1978.
Chapters in Title I of the Constitution
Title I of the Constitution has 5 chapters.
Title of Chapter 2 of the Constitution
Chapter 2 of the Constitution is titled “Of Rights and Freedoms”.
Testimony on Ideology
No one can be forced to testify about their ideology.
The People’s Advocate
The People’s Advocate is the High Commissioner of the Courts.
Binding Nature of Rights and Freedoms
All public powers are bound by the rights and freedoms recognized in Chapter II, Section I.
Parental Obligations
Parents should pay attention to their children whether they are extramarital or marital, as long as they are minors.
Duty to Defend Spain
Spaniards have the duty and obligation to defend Spain.
Right to Strike
The right to strike is recognized for workers in defense of their interests.
Linguistic Diversity
The richness of Spain’s linguistic modalities is part of its cultural heritage and is the object of special respect and protection, as set out in Article 3 of the Constitution.
Composition of the Armed Forces
The Armed Forces consist of the Navy, Army, and Air Force.
Dual Nationality Treaties
The State may negotiate dual nationality treaties with Latin American countries.
Freedom of Residence and Movement
Spaniards have the right to freely choose their residence and to travel within the national territory.
Protection of Historical Rights of Foral Territories
The Constitution protects and respects the historical rights of foral territories, as stated in the First Additional Provision.
Legal Assistance to Detainees
Legal assistance to detainees is guaranteed in police and court proceedings.
Right to Life and Physical and Moral Integrity
The right to life and physical and moral integrity is a fundamental right, collected in Article 15.