Key Concepts of Spanish Law and Government

Key Concepts of Spanish Democracy and Law

Democratic Institutions:

A set of institutions that, acting in a complementary manner, allow the good functioning of a country.

Legal System:

It is a hierarchical and coherent set of standards, developed by political power, which regulates coexistence within a country.

Hierarchy of Rules:

Relation of rank and subordination between different kinds of norms that shape the law of a state.

Constitution:

It is the supreme law that underlies the entire legal system of a country.

Constitution of 1978:

The Spanish constitution was the result of a broad agreement among political forces. The merit of the current constitution is that it represents a large majority of citizens.

Autonomy:

Self-government means for the nationalities and regions that comprise Spain.

Constitutional Monarchy:

Political regime in which the head of state is a king or monarch who works under legislative and executive control (Parliament, Government).

Freedom:

Means the ability to act with full autonomy, while respecting the law and the rights of others.

Equality:

Equal treatment for all by the law and equally worthy living conditions guaranteed for all.

Solidarity:

Contribution of all citizens, according to their abilities, to ensure that all enjoy equally worthy conditions.

Justice:

Is the value that brings together all other values and determines their application in specific situations.

Structure of the Spanish State

The Cortes Generales (Legislative Power)

The Cortes Generales represent the Spanish people as a whole and are the repository of national sovereignty.

Legislative Function of the Cortes:

The Cortes develop and approve the proposed laws initiated by any of the chambers or, more frequently, as bills by the Government.

Government Control by the Cortes:

• The investiture proceedings are in charge of voting the inauguration of the President of the Government.
• Congress may force the Government to resign by voting against it with an absolute majority on a motion of censure or withdraw confidence by a simple majority.
• The Cortes control the action of the Government through interpellations and questions.

The Government (Executive Power)

Under the constitution, the Government's task is to direct the domestic and foreign policy of Spain, the civil and military administration, and the defense of the state.

The Judiciary

Proclaims that justice emanates from the people and is administered on behalf of the King by judges and magistrates, independent, accountable, and subject only to the rule of law.

The Crown

Next to these three decision-making powers of the state, the constitution establishes the figure of the King as a powerful symbol, arbitral, and moderator.

The Constitutional Court

It is the organ competent to adjudicate constitutional motions that may arise against the laws, as well as conflicts of competence between the State and the autonomous communities.

The Administration

It is directed by the Executive and puts into practice its decisions, but always respecting the law.

The Forces (Armed Forces)

Is to guarantee the sovereignty and independence of Spain.