Spanish Constitutional Amendment Procedures: Articles 167 & 168

Rigid Constitutional Reform Procedure (Article 168 CE)

This more complicated procedure is required to change fundamental rights, preliminary titles, or the provisions concerning the Crown within the Spanish Constitution (CE). The process demands a high degree of consensus and time.

Steps for Article 168 Reform

1. The reform proposal must be approved by a two-thirds (2/3) majority of both the Congress and the Senate, leading to the immediate dissolution of Parliament.
2. The newly elected Chambers must ratify the decision and proceed to examine the new constitution, which must be approved by a majority of two-thirds of both Houses.
3. The reform, once approved by Parliament, shall be submitted to a mandatory referendum for ratification.

Historically, achieving such a majority (233 deputies) has been extremely difficult under the Spanish electoral system, making this procedure highly restrictive. The high percentages required indicate the significant degree of consensus that the Constitution mandates for modifying these core elements.

Standard Constitutional Reform Procedure (Article 167 CE)

This is the standard procedure for constitutional amendments, requiring a three-fifths majority in both Houses (approximately 210 members). This level of consensus is often achievable by the majority party working with a minority party.

Requirements of Article 167

Article 167 CE outlines the following steps:

1. The proposed constitutional amendments must be approved by a majority of three-fifths (3/5) of each House.
2. If no agreement is reached between the Houses, a joint commission composed of members of Congress and Senators shall be created. This commission submits a unified text to be voted on by Congress and the Senate.
3. If approval is still not obtained by the procedure above, the amendment may still pass provided that the text receives the favorable vote of the absolute majority of the Senate and a two-thirds (2/3) majority in the Congress.
4. The reform, once approved by Parliament, shall be submitted to a referendum for ratification only if requested by one-tenth (1/10) of the members of either House within fifteen days of its approval.

Stability and Rigidity of the Spanish Constitution

The Spanish system allows for the reform of all its provisions, as there are no intangibility clauses. However, the mechanisms established are highly rigid to ensure stability over time. This rigidity has led to certain consequences:

• Difficulty in Adaptation: The Constitution can appear "frozen," making adaptation to changing historical and social times difficult. This lack of timely adaptation can create significant social differences with new generations, potentially hampering political stability.
• Stability Paradox: While the mechanisms are rigid, some argue that the Constitution itself, due to its difficulty in modification, does not always guarantee the stability of the political system.

Historical Constitutional Reform

The Spanish Constitution (CE) has undergone limited reform. A notable early reform was required for Spain's integration into Europe, specifically changing Article 13.2 CE to include both active and passive suffrage: allowing foreigners resident in Spain to vote in municipal elections. This change was implemented using the standard procedure outlined in Article 167 CE.