Spanish Constitution

Question 1

What is the Constitution?

Answer 1

Normative agreement to which Spanish society arrived upon including their governing principles, values and essential rules to allow democratic coexistence. Enacted in 1978 with 169 Articles.

Question 2

Aspects of Spanish Constitution

Answer 2

• Supreme norm in the legal system (individuals and institutions are subjected to it).
• Social and Democratic State subject to Rule of Law.
• Recognition of sovereignty of Spaniards.
• Parliamentary Democracy: King as Head of State, President as Head of Government.
• Welfare State: Aims at a just and equal society
• Objectives addressed to authorities to build equality and integration.
• Immediate legal force to compel with: Validity of legal system, normative category, laws must be compatible with it.

Question 3

Contents of Spanish Constitution (Parts)

Answer 3

Principles and norms to organise coexistence by providing ruling criteria for legal relationships.
Dogmatic part: Rights and Freedoms (Includes Articles regarding personal Fundamental Rights) with their protections and guarantees.
Organic part: Democratic principles that regulate legislative, judicial and executive powers.

Question 4

Ordinary Law

Answer 4

Legislative will of Parliament. Usual procedure to draft and pass laws.

• Phase 1: Legislative initiative
• Phase 2: Debate and vote in Houses
• Phase 3: Integration of the law into the legal system.

Question 5

Organic Law

Answer 5

Same legal rank as ordinary laws but are meant to regulate specific matters.
-development of legal system
-electoral system
-statues of autonomy of CCAA
-constitutional matters.
MUST HAVE ABSOLUTE MAJORITY IN THE CONGRESS TO BE PASSED.

Question 6

Four key Constitutional Values

Answer 6

Freedom
Equality
Justice
Political pluralism

Dignity of person and invaluable rights = basis of political order.
Values NOT included can be taken into account –> public interest, good faith.

Question 7

Fundamental Rights & Liberties

Answer 7

Form Art. 14 to 30 both included and Art. 10 (human dignity).
Set of Constitutional Rights that are the core ones, they enjoy special protection and guarantees granted by the Spanish Constitution.

Question 8

Two folded nature of Fundamental rights

Answer 8

Objective: Legal expression of values that must inform the whole legal and political organisation.
Subjective: Possibility of action by each person exercising a legal right and the seeking of protection if violated.

Question 9

Protections and Guarantees of Fundamental Rights

Answer 9

Legal guarantees
Specific and complementary judicial guarantees
Institutional Guarantees.

Question 10

What are the Legal Guarantees of Fundamental Rights?

Answer 10

Organic Law regulated by Cortes Generales
Following of essential content
SC interpreted in favor of such rights

Question 11

What are the Judicial Guarantees of Fundamental Rights?

Answer 11

• Constitutional Court
• Unconstitutionality appeal
• Habeas Corpus (freedom of individual)
• Preferential procedure in ordinary courts
• Individual appeal of protection.

Question 12

What are the Institutional Guarantees of Fundamental Rights?

Answer 12

Ombudsmen

Public prosecutor

Question 13

Limits of Fundamental Rights

Answer 13

• Rights end when another person’s rights begin.
• Not absolute
• Subject to interpretation under the light of constitutional Values.
• Collective suspension or limitation (emergency state alarm)
• Individual suspension: Specific for terrorism or involvement in arme groups.

Question 14

Collisions of Fundamental Rights

Answer 14

Rules of preponderance

• Rule of Temporal priority
• Rule of Speciality
• Rule of Rank priority

A judge will employ a weighting judgement (constitutional interpretation to solve clashes between same rank principles)

• Legitimate aim
• Suitability
• Necessity
• Proportionality

Solution case by case

Question 15

Fundamental Rights (20)

Answer 15

Right to Equality before the Law
Right to Life
Right to