Spanish Constitution: Structure, Rights, and Autonomies
The Spanish Constitution
Structure and Function of Government
The last PSOE and the first PP government needed the support of other parties, known as hinge parties (CiU, PNV, CC). While the last PP government held an absolute majority, the current PSOE government does not and requires the support of other parties to pass laws. It is difficult to obtain absolute majorities due to the proportional distribution of seats in Congress. To ensure government stability, the Constitution mandates a constructive vote of no confidence to remove a government. This system, adopted from German constitutionalism, provides stability even without an absolute majority. The government is accountable to Parliament. Judicial power resides in courts and tribunals, headed by judges and magistrates, with the Supreme Court at the apex of the Spanish judicial system.
Safeguarding the Balance of Power
The Constitution establishes two institutions to maintain the balance of power: the Constitutional Court, which oversees the legality of laws passed by courts or autonomous parliaments, and the Ombudsman, who addresses complaints regarding the application of laws.
Rights and Freedoms
The Constitution declares a range of rights and freedoms, including the right to life, education, work with fair pay, vocational training, workplace safety, rest, and social security. It also guarantees fundamental freedoms such as association, organization, and the right to strike. The death penalty and torture are abolished, and the age of majority is set at 18. The Constitution protects the right to honor and personal privacy, inviolability of domicile, secrecy of correspondence, the right of residence, and freedom of movement. It also emphasizes the protection of children and young people, equality before the law, and the right to private property and economic freedom, allowing for expropriation for social or public interest. Political and social pluralism are enshrined, supporting the role of parties and unions. Citizen participation is encouraged through political parties, unions, and professional associations.
Separation of Church and State
While recognizing religious freedom, the state does not have an official religion. However, the Constitution acknowledges the religious beliefs of Spanish society and mandates cooperation with the Catholic Church and other denominations. This reflects a compromise to protect the majority religion while guaranteeing religious and moral formation rights to all faiths.
Organization of the State of Autonomies
Title VIII of the Constitution addresses the territorial organization of the state, dividing it into municipalities, provinces, and autonomous regions. This is a significant and complex aspect of the Constitution. The framework aims to accommodate the historical rights of Basque nationalism, Catalan desires for self-governance, and the regionalist sentiment present throughout Spain. Each autonomous community has its own parliament, courts, and a statute of autonomy defining its powers. The term “nationality” is used for Catalonia, the Basque Country, and Galicia, recognizing their distinct cultural identities but not implying a break from national unity. This terminology has created some ambiguity between nationality and region, posing a challenge for the territorial organization of the state. The Constitution proposes a unitary state with regional autonomy, allowing for decentralization of power. However, interpretations of this model differ between centrist and nationalist parties. The level of regional development depends on the bargaining power of each region and the political climate. This has led to ongoing negotiations between national and regional movements regarding the transfer of powers, resulting in a constantly evolving system. Currently, Spain is one of the most decentralized states in Europe. The Constitution implicitly accepts regional inequalities by distinguishing between nationalities and other regions. Two paths exist for creating autonomous communities: a fast track with greater powers for historic nationalities (Article 151), and a separate path for other regions (Article 143). Andalusia achieved historic nationality status through a referendum.