Spanish Constitutional Reform Procedures and Limitations
The Constitutional Reform Initiative in Spain
The constitutional reform initiative, both in the ordinary procedure and the aggravated procedure, is subject to conditions established by the Constitution and common requirements. These relate to when the subjects can be initiated and who is authorized to do so.
As for the timing of the reform, the Constitution prohibits a constitutional reform from beginning in time of war or under any of the states of emergency provided for in Article 116 (Article 169). The constituent power considered that the reform of the Constitution, whatever its scope, is of sufficient importance for the constitutional system to be made in situations of political normalcy. This is intended to prevent emotional reactions that may affect decisions. The limitation in the Spanish Constitution is, however, extremely restricted, since it prevents the processing of the reform in all its phases, but only at its beginning. The constituent power only intended to ensure that there is at least institutional normalcy when undertaking the reform.
Authorized Subjects for Initiation
Regarding the individuals authorized to initiate proceedings, Article 166 of the Spanish Constitution provides that constitutional reform must be exercised in the terms set out in paragraphs 1 and 2 of Article 87. This refers to the manner prescribed for the initiative for the ordinary legislative procedure. The constitutional reform initiative is available to the Government, each of the Houses of Parliament, and, with notable limitations, the Assemblies of the Autonomous Communities. It excludes, however, any possibility of a popular initiative in relation to constitutional reform.
Parliamentary Regulation and Procedures
The exercise of the constitutional reform initiative is regulated by parliamentary regulations. Regarding the Government, it is exercised by the mere sending of the draft reform to the House of Representatives for further processing by both houses. As for the parliamentary reform initiative, the Constitution confers this on the chambers themselves, not the deputies or senators individually. Therefore, it is the Chamber, in deciding whether or not to take the proposition into consideration, which exerts the reform effort itself.
Role of the Autonomous Communities
In the Assemblies of the Autonomous Communities, only the possibility of asking the Government to adopt a draft reform or referring a constitutional reform proposal to the Bureau of the Congress is recognized. They may delegate a committee of three members of the Assembly to the House, entrusted with its defense. This possibility, just as in the ordinary legislative procedure, is a mere proposal. It does not require the Government to send a bill to reform the Cortes Generales, nor the Congress of Deputies to consider the reform proposal by the regional Assembly. Their position is therefore similar to that of parliamentarians who have a reform proposal to be submitted to the decision of the House for consideration, an act which constitutes the proper exercise of the reform initiative. It can, therefore, be described at best as a limited initiative or as a proposed constitutional reform initiative.