Spanish Government and Public Administration Functions

Introduction to the National Executive

Item 2

The national executive par excellence is the Government. This is true for two primary reasons:

• First: It is a constant body that never ceases its activity at any time, both domestically and internationally.
• Second: The Government is subject not only to the Constitution and laws but can also make policy decisions above the law. This refers to political program options that are not subject to judicial review or merely dependent on the execution of a legal rule.

Title IV of the Spanish Constitution

Title IV of the Spanish Constitution is titled "Of the Government and the Administration," which implies a close relationship between both institutions. This includes the direction of domestic and foreign policy, the defense of the State, executive functions, regulatory power, and both civil and military administration.

Article 97 and State Management

Article 97 instructs the Government; this is achieved through a complex organization aimed at managing the State's actions while submitting to a particular legal regime. The Administration serves as the primary means of action for public authorities.

Additionally, the State may assign certain public actions to individuals, such as granting the provision of public services or organizing public companies that operate virtually as private entities.

The Role and Challenges of Modern Government

The role of government extends beyond merely enforcing rules; it involves managing organizations and ensuring their functionality. However, it is difficult to avoid conflicts between the various administrators involved and the responsible government members or the original rules.

Increased government intervention has heightened the difficulty in all societies regarding the correct application of rules. This raises three specific problems in the relationship between the Government and administrative entities:

1. Can we expect administrators to apply the rules made by the Government, and under what conditions will they do so?
2. Do administrative bodies simply apply the rules prescribed by governments, or are they likely to create their own powers independently?
3. Can we expect administrators to take over the functions of establishments and the rules that will ensue from this usurpation of conditions?

Bureaucratic Autonomy and the Rule of Law

These questions concern the autonomy of the bureaucracy and the mechanisms for monitoring legality and constitutionality. This relates to the operation of government and how it affects the rights and freedoms of citizens, which is a fundamental question for the effective enforcement of the rule of law.