Constitución Española | Senado de España
Customer reviews There are no customer reviews yet. Share your thoughts with other customers. Write a product review. Feedback If you need help or have a question for Customer Service, contact us. Would you like to report poor quality or formatting in this book? Click here Would you like to report this content as inappropriate? Click here Do you believe that this item violates a copyright?
Your recently viewed items and featured recommendations.
View or edit your browsing history. Get to Know Us. Would you like to report this content as inappropriate?
Do you believe that this item violates a copyright? The King is also the highest-ranked representative of the Spanish state in international relations and only exercises the functions that are explicitly attributed to him by the Constitution and the laws. The King's official title is "King of Spain" Spanish: The King of Spain enjoys immunity and is not subject to legal responsibility.
In a broad sense, this means that the King cannot be legally prosecuted. The legal justification for royal immunity is that the King is mandated by the Constitution to fulfill several roles as the head of state; thus, the King is obligated to perform his actions and fulfill his duties, so the King cannot be judged for actions that he is constitutionally obligated to perform.
The fact that the King is not personally responsible for his actions does not mean that his actions are not free of responsibility. The responsibility for the King's actions falls into the persons who hold actual political power and who actually take political decisions, which the King only formally and symbolically ratifies. This is done through a procedure or institution called the refrendo.
All the King's actions have to undergo the refrendo procedure. Through the refrendo, the responsibility of the King is transported to other persons, who will be responsible for the King's actions, if such responsibility is demanded from them. Article 64 explains the refrendo, which transports the King's responsibility unto the Prime Minister for most cases, though it also establishes the refrendo for Ministers in some cases.
In general, when there is not a formed government, the responsibility is assumed by the President of the Congress of Deputies. Without the refrendo, the King's actions are null and void.
More from the same
There are only two royal acts that do not require the refrendo. The first encompasses all acts related to the management of the Royal House of Spain; the King can freely hire and fire any employees of the Royal House and he receives an annual amount from the state budget to operate the Royal House, which he freely distributes across the institution.
The second one refers to the King's will, which enables him to distribute his material legacy and name tutors for his children, if they are not legal adults. Article 62 of the Spanish Constitution establishes an exhaustive list of the King's functions, all of which are symbolic and do not reflect the exercise of any political power. The King sanctions and promulagtes the laws, which are approved by the Cortes Generales , which the King also symbolically and formally calls and dissolves. The King also calls for periodic elections and for referendums in the cases that are included by the laws or the Constitution.
The King also proposes a candidate for Prime Minister, which is probably the King's most 'political' function, as he traditionally holds meetings with the leaders of all the major political parties in order to facilitate the formation of a government. If a candidate is successfully invested by the Parliament, he formally names him Prime Minister of Spain.
When a Prime Minister has been named, he also formally names all the members of his government, all of which are proposed by the Prime Minister himself. The King has both a right and a duty to be informed of all the state affairs; he is also allowed to preside over the government meetings when the Prime Minister invites him to do so, although he has the ability to reject this invitation. Regarding the Government, the King also formally issues the governmental decrees, as well as bestowing all the civil and military ranks and employments, and he also grants honors and distinctions according to the laws.
The King is also the supreme head of the Armed Forces of Spain, although the effective lead is held by the Government of Spain. Finally, the King holds the High Patronage of all the Royal Academies and other organizations that have a royal patronage. The Spanish Constitution is one of the few Bill of Rights that has legal provisions for social rights , including the definition of Spain itself as a "Social and Democratic State, subject to the rule of law" Spanish: However, those rights are not at the same level of protection as the individual rights contained in articles 14 to 28, since those social rights are considered in fact principles and directives of economic policy, but never full rights of the citizens to be claimed before a court or tribunal.
Other constitutional provisions recognize the right to adequate housing,  employment ,  social welfare provision ,  health protection  and pensions. Thanks to the political influence of Santiago Carrillo of the Communist Party of Spain , and with the consensus of the other "fathers of the constitution", the right to State intervention in private companies in the public interest and the facilitation of access by workers to ownership of the means of production were also enshrined in the Constitution.
Article powers gave Spanish Prime Minister Rajoy to remove secessionist politicians, including Carles Puigdemont , the Catalan leader and direct rule from Madrid. The Constitution has been amended twice.
The first time, Article The current version restricts the death penalty to military courts during wartime, but the death penalty has since been removed from the Code of Military Justice and thus lost all relevance. Amnesty International has still requested an amendment to be made to the Constitution to abolish it firmly and explicitly in all cases. After that, the campaign seeks another 24 amendments protecting human rights , the environment and social justice.
Title X of the Constitution establishes that the approval of a new constitution or the approval of any constitutional amendment affecting the Preliminary Title, or Section I of Chapter II of Title I on Fundamental Rights and Public Liberties or Title II on the Crown , the so-called "protected provisions", are subject to a special process that requires:.
Curiously, Title X does not include itself among the "protected provisions" and, therefore, it would be possible, at least in theory, to first amend Title X using the normal procedure to remove or reduce severity of the special requirements, and then change the formerly protected provisions.
Even though such a procedure would not formally violate the law, it could be considered an attack on its spirit. The same applies to Article 79 3 of the German Basic Law which, while explicitly protecting certain parts of the constitution from being changed does not explicitly protect itself from being changed.
The " Statutes of Autonomy " of the different regions are the second most important Spanish legal normatives when it comes to the political structure of the country. Because of that, the reform attempts of some of them have been either rejected or produced considerable controversy. The People's Party attempted to reject the admission into the Cortes of the reform of the Autonomy Statute of Catalonia on the grounds that it should be dealt with as a constitutional reform rather than a mere statute reform because it allegedly contradicts the spirit of the Constitution in many points, especially the Statute's alleged breaches of the "solidarity between regions" principle enshrined by the Constitution.
After failing to assemble the required majority to dismiss the text, the People's Party filed a claim of unconstitutionality against several dozen articles of the text before the Spanish Constitutional Court for them to be struck down. The amended Autonomy Statute of Catalonia has also been legally contested by the surrounding Autonomous Communities of Aragon, Balearic Islands and the Valencian Community  on similar grounds as those of the PP, and others such as disputed cultural heritage.
As of January , the Constitutional Court of Spain has those alleged breaches and its actual compliance with the Constitution under judicial review. Prominent Spanish politicians, mostly from the People's Party but also from the Socialist Party PSOE and other non-nationalist parties [ citation needed ] , have advocated for the statutory reform process to be more closely compliant with the Constitution, on the grounds that the current wave of reforms threatens the functional destruction of the constitutional system itself.
The most cited arguments are the self-appointed unprecedented expansions of the powers of autonomous communities present in recently reformed statutes:. From Wikipedia, the free encyclopedia. This article is about the Constitution currently in force in Spain. For other historical Spanish constitutions, see List of Constitutions of Spain. Fathers of the Constitution. Congress of Deputies lower house Speaker: Ana Pastor Senate upper house Speaker: Political parties Recent elections General: Nationalisms and regionalisms of Spain: Spanish transition to democracy.
This section needs expansion. You can help by adding to it. King Felipe VI of Spain. This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. December Learn how and when to remove this template message.
Related Constitución Española (Spanish Edition)
Copyright 2019 - All Right Reserved