State Structures, Governance, and Constitutional Law

Classified in Law & Jurisprudence

Written on in English with a size of 4.04 KB

State Federal vs. Confederation

State Federal: A union of political entities that cannot be separated.

Confederation: The union of states that, according to the original text, cannot be separated.

Powers of Government

  • Legislative Power: Makes laws.
  • Executive Power: Ensures compliance with laws.
  • Judicial Power: Judges if laws have been complied with.

The Spanish Constitution

The Spanish Constitution consists of:

  • Preamble: An example of clarity and concision.
  • Dogmatic Part: This is a declaration of principles, establishing duties and rights.
  • Organic Part: This designs the structure of the state.

Types of Constitutional Documents

  • Charter Granted: A document where a sovereign grants a series of rights to their people.
  • Constitutional Revision: Involves making modifications or 'cuts' to an already approved constitution.

Legislative Power

The legislature is in charge of legislating.

Functions of Congress

  • Discuss, develop, and enact new legislation; and repeal old laws.
  • Control the political action of the government.

The Senate

The Senate is a chamber with territorial representation.

Executive Power

The executive's role is political action.

Executive Functions

  • Political: Establishes the directives for international relations.
  • Administrative: The executive branch manages public administration through state officials.

Monarchy in Spain

The form of the Spanish state is a parliamentary monarchy, where the King is subject to the constitution and laws.

Ombudsman in the Spanish System

The Spanish constitution provides for the institution of the Ombudsman, who is appointed by the general courts to defend the liberties and rights of citizens against public administration.

Constitutional Court and Its Functions

This institution ensures that the three powers of government respect the constitution in all their acts. It handles matters such as:

  • Constitutional motions and writs.
  • Endorsement (Countersignature): A procedure where a document signed by the Head of State is co-signed by a member of the government, who thereby assumes responsibility for the act.

Key Governmental Roles

  • Head of State: The person who assumes the highest representation of the state.
  • Head of Government: The person who takes over the leadership of the executive power.

Organic Law Explained

Organic Law: A type of law that requires an absolute majority in parliament for its approval.

Autonomous Regions and Statutes

Autonomous Regions: Territorial entities.

Statutes of Autonomy

These are organic laws adopted by the state's national parliament (referred to in the original text as 'general of the state courts').

Administration of Justice System

The administration of justice is the sole responsibility of the state.

The administration of justice is carried out by courts and staffed by magistrates.

Social Pillars: Education and Health

Education

Education is another fundamental pillar upon which a country is founded.

Health

Protecting public health and providing healthcare as a public service are key responsibilities.

Public Property, Commons, and Taxes

Public Domain Goods

Public Domain Goods: These are goods belonging to the state.

Commons

Commons: These are assets owned by a municipality.

Property Taxes

Property Taxes: Taxes that individuals or entities must pay to the state for owning property.

Related entries: