State Structures, Governance, and Constitutional Law
Classified in Law & Jurisprudence
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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.