Understanding State Governance: Constitution, Elections, Parties

Posted on Sep 12, 2025 in Social sciences

The Constitution: Foundation of State Law

The Constitution is the fundamental law of the state, often called “the law of laws.” It outlines:

  • The structure of the territory
  • Duties and rights of citizens
  • Functioning of the legislature: Parliament
  • Operation of the executive branch: Government
  • Functioning of the judiciary: Constitutional Court

Division of Powers in the State

The state is divided into three powers, which must be independent to prevent abuses of power:

  • Legislative: Develops and enacts laws (Parliament)
  • Executive: Executes laws (Government)
  • Judiciary: Monitors compliance with laws (Courts)

Elections: The Voice of the People

Characteristics of Free Elections

Elections are the ultimate expression of people’s power. To be truly free, they should embody:

  • Regular Scheduling: A maximum term limit for those in power.
  • Political Plurality: The existence of more than one political party.
  • Freedom: Absence of coercion or manipulation of votes.
  • Universal Suffrage: All adults have the right to vote.

Note: Census-based voting, where not all adults are entitled to vote (e.g., by gender or economic criteria), is contrary to universal suffrage.

Referendums: Popular Votes

A referendum is a popular vote that takes place during momentous times for the nation. There are two main types:

  • Binding: The outcome is legally enforceable.
  • Advisory: Serves as a guide for decision-makers.

Types of Majorities

  • Relative Majority: A party obtains the most votes, but not necessarily more than half.
  • Absolute Majority: One party wins more than half of the votes.

Electoral Systems

An electoral system is the formula used to convert votes into seats. Systems may be:

  • Majority System: All seats in a constituency are awarded to the party that obtained the most votes. This system tends to reduce the existence of multiple political parties, often leading to bipartisanship.
  • Proportional System: Seats are distributed proportionally to the number of votes a party has secured. There are several ways to implement this. In Spain, the d’Hondt system is applied:

    This method involves dividing the number of votes for each party by 1, 2, 3, and so on, up to the number of seats to be shared. The highest quotients obtained are then used to allocate the available seats.

Steps in the Electoral Process

  1. Publication of Electoral Roll: A period for claims and objections is provided.
  2. Description and Presentation of Candidacies:
    • Closed Lists: Applicants are sorted according to the party’s decision.
    • Open Lists: The voter can make changes to the presented list.
  3. Election Campaign Period: Parties explain their programs. The campaign ends one day before the election, with a prohibition on all electoral propaganda.
  4. Voting: An electoral college exists where voters must certify their identity with an official document. The presence of scrutineers (people linked to political parties) is common in the electoral college to monitor the vote.
  5. Scrutiny (Vote Count): The recount of votes cast.

    Types of votes:

    • Valid: Meets all requirements.
    • Blank: No ballot or left uncompleted.
    • Invalid: Does not meet requirements (e.g., deletions, multiple ballots).

Political Parties and Participation

Definition of Political Parties

A political party is a group of people who share a similar ideology and whose objective is to gain power and govern according to their methodology.

Major Political Trends

Most political parties align with major ideological trends:

  • Right: Often associated with conservatives.
  • Left: Often associated with progressives.
  • Center: Positions itself between the right and the left.

Main Political Party Groups

  • Conservatives: Defend more traditional values such as family, order, and religion.
  • Liberals: Were protagonists in the shift from absolutism; they defend economic liberalism.
  • Christian Democrats: Emerged after the Second World War, defending Christian values and rejecting the abuses of both communism and capitalism.
  • Social Democrats: Accept capitalism but advocate for reforms to bridge differences and injustices it may generate.
  • Socialists: Historically emerged as an alternative to capitalism; today, their ideologies often differ from social democrats.
  • Communists: Radical socialists who tend to be anti-capitalist.

Party Organization and Affiliated Groups

The internal structure of political parties is typically pyramidal, ranging from local organizers to provincial and national levels. The supreme organ is often called the “central committee.”

Types of groups linked to parties include:

  • Activists: Actively involved in party activities.
  • Members: Officially registered and often pay dues.
  • Sympathizers: Publicly manifest support for the party.
  • Voters: Those who cast their ballot for the party.

Other Forms of Political Participation

Beyond political parties, citizens can engage in political life through:

  • Neighborhood associations
  • Voluntary associations
  • Pressure groups or de facto powers (e.g., multinationals, banks, newspapers, the church)