The Spanish Constitution of 1978: A Comprehensive Guide
The Spanish Constitution of 1978
24.1 Rights and Duties of Citizens
The first task of the Parliament elected in June 1977 was the drafting of a constitution. It was intended to be adopted by all democratic parties, therefore, the paper that drafted the constitutional articles consisted of representatives of major political parties:
– For People’s Alliance – Manuel Fraga Iribarne – For Democratic Center Union – Gabriel Cisneros, José Pedro Pérez Llorca, Miguel Herrero y Rodriguez de Mignon – For the Spanish Socialist Workers Party – Gregorio Peces Barba – On Convergence and Union – Miguel Roca – For the Communist Party of Spain – Solé Tura
The final text was approved at the Cort ~ s on 6 November and submitted to popular referendum a month later on 6 December 1978. After the King passed the Constitution that was promulgated on 29 December 1978.
In its preamble to the Constitution of 1978 declared to Spain as”a social and democratic state of la”.
The statements were broad rights and freedoms (personal, political, social and economic) and then there were not only nominated in the text but guaranteed in accordance with the actual content of the Constitution. Of course you picked up the rights to freedom of expression, assembly, association and press. The inviolability of the home and correspondence, freedom of movement throughout the country and going abroad. Where detention is guaranteed assistance of a lawyer and retaining only 48 hours.
Freedom of education was referred to international conventions on the subject, respecting the agreements signed with the Vatican (which was agreeable to. UCD and the Catholic Church) but the PSOE won the establishment of the participation in government centers education of all sectors involved in the educational process (teachers, parents, students and staff).
Acceptance of abortion was subject to an interpretation of ambiguous meaning, but instead the Constitution clearly granted the divorce. As for the abolition of the death penalty was conceded in the text (only provided to military offenses in time of war) over the years also end abolished.
Also reflected social and economic rights as the right to work, strike, paid holidays and so on. It recognized the right of property and market freedom, but also provided for state intervention in private property and the right to expropriate (on compensation) for reasons of public interest.
Finally to ensure that these rights would be performed by the administration established the figure of the Ombudsman, to which citizens were required to attend if they felt that their rights had been violated by state institutions.
Regarding the religious issue was declared secular state but recognizing at the same time the Catholic Church’s role in Spanish society and talk of maintaining harmonious relations between it and the Spanish State.
24.2 The Political Institutions and Procedures
The Constitution states that Spain is a parliamentary monarchy in reality is endowed with limited powers, lower than those of European monarchies. The King is the Head of State and Head of the Armed maximum representativeness of the nation internationally. If death of the King, during the minority of his successor, establishing a Council of Regency. His heir is his direct descendant
The legislative branch is represented by a bicameral Congress and the Senate, representing the Spanish people and are elected by universal suffrage, Congress is higher than the Senate, although for the approval of the Laws. The need to pass both houses and take the penalty (firm) real. It also establishes a Court of Constitutional Guarantees to ensure that all laws passed in conformity with the provisions of the Constitution.
The Congress is responsible for investing the Prime Minister at the proposal of the King, for it takes the affirmative vote of an absolute majority of its members (176 deputies). It can also promote a motion of censure should be approved by an absolute majority would mean a change of government.
The legal (ability to promote laws) to have: The Government, the Parliament, the Governments of the Autonomous Communities and the popular initiative (if collected over 500,000 signatures for a law is made). In a democracy the people elect their representatives in Parliament andthe party has more members (and therefore more votes) will be responsible for forming a government.
If there is a win by an absolute majority (more than 176 deputies), the party that formed government has drawn the most votes or get into a coalition with other parties to secure an absolute majority in Congress, because if the government has no majority support of the courts can not govern. General elections are held every four years.
Executive power is vested in the Government, formed by the President and ministers. The ministers are appointed by the Head of Government but accountable to the courts, just as the president of the government. If the president, to an important issue you want to know if your policy is accepted in Parliament, may raise a question of confidence, but if your management is not supported. Mostly, should resign.
The judicial power is vested in the courts and also establishing the possibility of trial by jury.
24.3 The State of the Autonomous
Although the Constitution establishes the”indissoluble unity of the Spanish natio” then adds that the Spanish State is composed of”nationalities and regions to which they are guaranteed the right to political autonomy. It recognizes an official state language: Castilian and down as officers in their respective autonomous CorÍlUnidades”the other Spanish languages. ‘Within three so-called historical Autonomy (because they had already enjoyed political autonomy or at least her project during the Second Republic): Catalonia, Basque Country and Galicia, received their powers in a process much faster than the rest (in fact the Constitution recognizes as”nationalitie” while the rest are regional autonomies).
Each would constitute an autonomous community:
– A Legislative Assembly elected by universal suffrage of the people in that community – A Governing Council with executive and administrative functions – A president, elected by the Legislature, which has the highest representation of · the respective community and a High Court.
The first autonomous region was formed in Catalonia where he established the Catalan Generalitat, its first Chairman and later ruled Tarradellas Jordi Puyol of CIU. Here in the Basque Country was established N ational Council led by the PNV Basque and chaired by a”Lendakar” and was formed in Galicia Xunta de Galicia. These three”nationalitie” hold their regional elections of individual Fonna.
Another Community that established their independence referendum was Andalusia. Since then elections for the Andalusian are held separately from the rest of Navarre was established as an independent autonomous community of Basque Country, although with special characteristics (as they retain their privileges and their laws are different in tax law and administrative).
The rest of the Spanish territory was also divided into political autonomy they were receiving their transfers will be slower and different in each. Celebrate your. Elections on the same day.The new autonomy are:
– Castilla y León – Castilla-La Mancha – Madrid – Valencia – Aragon – Principality of AsJurias – Cantabria – La Rioja – Murcia – Comunidad Balear – Extremadura – Comunidad Canaria
and have recently entered the range of political autonomy cities Ceuta and Melilla.