Spanish Constitution Approval and Legal Standing

• A unified proposal is drafted, it takes a specific agreement on the text by both houses and from there each of them separately rate the final text.
• You vote in late October 1978 and obtained 325 votes of 350 possible, ie, 94%
• The last step to the text approved in both houses, is the referendum, on December 6, with 26 million voters, 67% participation, 87% affirmative votes, so that the text was approved.
• Then the text had to be enacted by the King, December 27 and published in the official languages ​​(Catalan, Castilian and Basque). It is published in the Official Gazette on 29 December 1978 and came into force on the day
• The courts that the EC had approved for his task are dissolved had ended, then ordinary legislative elections are called, is set in motion the constitutional text and the first democratic legislature begins on 1 March 1979 to transition.

The legal value of the Constitution:

1. The EC is a legal standard of value, the constituent power is the one who prepared the legal status has given. The TC has carried out important work in recognition of the EC as supreme law in his first law says that the EC is a legal rule supreme OJ, its precepts are alleged in court.

2. The EC binds citizens and public authorities, but the EC is composed of various rules and precepts, and they all are not equally effective, so is guaranteed by judicial supremacy, and the EC itself creates an organ that guarantees the superiority The EC is the TC and it created mechanisms and procedures for constitutional guarantees

3. All standards are compatible with the EC, the EC establishes other rules and sources within the system, is a legitimate standard, and questions and regulates OJ if other rules are valid or not.

4. Effectiveness: by linking them all, but within the EC there are precepts very diverse: there are rules that regulate fundamental rights, full and complete effectiveness. May be invoked before the courts for breach can bring to public ...

5. In the same EC sets out principles governing social and economic policy: art. 47 CE: "All the Spanish have the right to adequate housing." The effectiveness of these two provisions is different, given its level of this art clearly. 47 is inferior because it can not be argued in the courts, the EC there are mandates to the legislature guidance to this one, the citizen can not be confused with individual rights

6. There are rules or principles of government mandates which are obligations