Spanish Political Organization and Institutions

Fundamental Rights and Sovereignty

The Spanish Constitution recognizes a wide range of freedoms and rights, including the right to life, equality before the law, freedom of expression, association and assembly; property rights, free enterprise, and the right and duty to work.

Sovereignty resides in the Spanish people, from whom all powers emanate. The people elect representatives through direct, secret, universal suffrage, choosing between various political parties.

State Structure and Division of Powers

Spain is a social, democratic, and rule-of-law state. The King is the highest representative of the state and has limited functions, such as enacting laws and holding supreme command of the armed forces. The principle of the separation of powers governs Spain, with powers represented and exercised by different institutions:

• The Legislature (Cortes Generales): Composed of two chambers elected every four years by universal suffrage: the Congress of Deputies (Congreso de los Diputados) and the Senate (Senado). Its functions include making laws, approving the state budget, and overseeing the government.
• The Executive (Government): Its institutions include a President, a Vice President, and several ministries. Its functions are to enforce laws, direct internal and external policies, and defend the state.
• The Judiciary: Exercised by independent magistrates and judges who ensure compliance with the law. The highest judicial body is the Supreme Court (Tribunal Supremo), except for constitutional matters, where the Constitutional Court (Tribunal Constitucional) prevails.

Decentralization: Municipalities and Provinces

Spain is a decentralized state where power is shared between self-governing territorial units: municipalities, provinces, and autonomous regions.

• Municipalities: The basic territorial units of the state, consisting of one or more towns and their surrounding territory, called the municipal term. The governing body is the council, composed of the mayor and several councilors elected by universal suffrage in local elections. Their function is to provide services to residents, such as garbage collection, street paving, and park maintenance.
• Provinces: Areas formed by the grouping of several municipalities. The governing body is the provincial council (Diputación Provincial), whose president is elected by members chosen by the municipalities. Its functions are to ensure provincial interests, provide provincial services, and coordinate and cooperate with municipalities. In the Balearic and Canary Islands, each island has its own administration, called the Island Council (Cabildo Insular).