Spanish Constitutional Law and the Division of Powers

The Division of Powers

The Spanish state is organized into three main branches: legislative, executive, and judicial.

The Legislative Branch

The Spanish Constitution provides for the General Courts (Cortes Generales), which represent the Spanish people and consist of the Congress of Deputies and the Senate. Their primary functions include:

• Exerting legislative power.
• Approving budgets.
• Controlling the actions of the government.
• Members are elected every four years.

Executive Power

The Executive Power is exercised by the Government, which directs domestic and foreign policy, as well as civil and military administration. It is composed of the President, Vice President, and Ministers. Occasionally, the executive branch performs legislative functions.

The Judiciary

The Judiciary consists of judges and magistrates governed by the principles of independence. The courts are ordered hierarchically in the following order:

1. Supreme Court
2. National Audience
3. Higher Regional Courts
4. Provincial Courts
5. First Instance and Instruction Courts
6. Justices of the Peace

The Divisions of the Law

The Right can be defined as a set of rules and principles, written or otherwise, based on the idea of justice, which regulate human coexistence.

• Laws: These are rules given by the competent authority with due formalities, possessing a common, just, and stable character.
• Custom: Standards of conduct born from repeated and ongoing social practices. These only govern in the absence of an applicable law.
• General Principles of Law: These are ideas and arguments which, although not written, form the basis of the legal system and inspire the elaboration of laws.

Hierarchy of Legal Rules

• An inferior rule cannot go against the provisions of a superior rule.
• A later law supersedes an earlier one.
• A special law prevails over a general law.

The Spanish Constitution of 1978

The Spanish Constitution of 1978 contains the set of rules concerning state organization and institutions. It includes:

• A declaration of the rights and freedoms of individuals and groups.
• The principles of political organization in the state.
• The guidelines that must guide the actions of public authorities.

The Constitution takes precedence over all other laws.

Organic Laws

Organic Laws regulate the following subjects:

• Fundamental rights and liberties.
• Approval of Statutes of Autonomy.
• The regime for general elections.
• Other matters specified under the Constitution.

The approval, modification, and repeal of Organic Laws are subject to specific constitutional requirements.