Spanish Constitutional Monarchy: Crown, Powers, and Judiciary
The Crown in Spain’s Constitutional Monarchy
Article 1.3 of the Spanish Constitution establishes the state’s politics as a parliamentary monarchy. The Crown is the constitutional body of the head of state, currently the King. The King represents the state but not its people. The King reigns but does not govern, holding no executive power. The King’s person is inviolable and not subject to liability.
King’s Powers Conferred by the Constitution:
- Declare war and make peace.
- Sign treaties.
- Convene elections.
- Propose and, where necessary, appoint the Prime Minister.
- Exercise the right of pardon.
Succession to the Crown:
The order of succession to the Crown follows these criteria:
- Males take precedence over females.
- Among those of the same sex, the older takes precedence.
- Children and grandchildren of a deceased heir inherit the crown in preference to other royal children.
General Courts:
The General Courts consist of:
- Senate: 259 senators (upper house).
- Congress of Deputies: 350 members (lower house).
Other bodies include the Court of Auditors and the Ombudsman.
Congress Members:
The Congress of Deputies has legislative, executive control, financial, and other functions.
The Senate:
The Senate is the chamber of territorial representation.
Executive Power:
Executive power is exercised by the government, which directs domestic and foreign policy, civil administration, and military and defense matters.
Judiciary:
Article 117 of the Constitution states that justice emanates from the people and is administered on behalf of the King by independent, immovable, liable judges and magistrates, subject only to the rule of law.
The courts are ordered hierarchically, forming a judicial pyramid. Judgments and decisions from lower courts can be appealed to superior ones.
Hierarchy of the Courts:
- Supreme Court: The highest court in all aspects, except constitutional matters.
- National Audience: Based in Madrid, with jurisdiction throughout Spain. It has criminal, administrative litigation, and social chambers.
- Superior Courts of Justice: The highest judicial bodies in each autonomous community, with jurisdiction over their respective territories.
- Provincial Audiences: Located in the capital of each province, with jurisdiction over the province.
- Courts of First Instance and Instruction: Operate in a judicial district.
- Magistrates: Exist in every town where there is no court of first instance.
Constitutional Court:
The Constitutional Court is considered a court outside the administration of justice, with jurisdiction throughout the country. It is the State agency that ensures the interpretation and fulfillment of the Constitution. The Constitutional Court comprises 12 members appointed by the King: four proposed by the Congress, four by the Senate, two by the government, and two by the General Council of the Judiciary.