Spanish Constitution of 1978

The currently valid Constitution of the Kingdom of Spain has entered into force on 29 December 1978, a day later than originally planned, because the December 28, and día de los santos inocentes, is the Spanish equivalent of April 1. It emerged in the transition, so the era of peaceful transition from the Franco dictatorship to a modern democratic state in Europe. She followed the applicable until then Spanish constitutional laws, which are referred to as so-called Franco - constitution, and represented a collection of laws of a constitutional nature. Predecessor of the Constitution, the constitutional laws of the Spanish Republic on 9 December 1931.

The Constitution of the Kingdom of Spain has been adopted on 31 October 1978 by the Spanish Chamber of Deputies and the Senate and ratified on December 6, 1978 in a referendum by the people of Spain. Seven politicians had previously been entrusted as padres de la Constitución with the drafting of the new democratic constitution, four of them are from the former Francoist camps ( among them a former minister in the Franco dictatorship, Manuel Fraga Iribarne ).

King Juan Carlos I has signed the Constitution then on 27 December 1978. Since the entry into force of the Constitution has been amended only twice. By law, was dated August 27, 1992 - in connection with the ratification of the Treaty on European Union - in Article 13, paragraph 2 of the Constitution a word replaced ( " right to vote " by " active and passive right to vote "). In September 2011, a " debt brake " in Article 135 was inserted.

Structure

Dogmatic part

Here the fundamental rights and obligations of the Spanish citizens and residents of Spain are set. It consists of the following sections:

  • Preamble: The King confirmed that the Spanish people proclaimed their will in the exercise of its sovereignty.
  • Frontispiece ( Título Preliminar ) - Items 1 to 9: Spain is a welfare state and a democratic state, the people are sovereign and the form of government is a parliamentary monarchy. Determining the official language, flag, capital and political pluralism.
  • Title I: Fundamental rights and obligations - Articles 10 to 55 Chapter I: Spaniards and foreigners - Articles 11 to 13
  • Chapter II: Rights and Freedoms - Articles 14-52 Section I: The fundamental rights and public freedoms - Articles 15 to 29
  • Section II: The civil rights and obligations - Articles 30 to 38

Organic part

The organic part is the state structure and the framework of the state bodies exercising state power, set.

  • Title II: the Crown - Articles 56-65
  • Title III: The Cortes Generales - Articles 66 to 96: The Cortes Generales are the two chambers of the Spanish Parliament, the House of Lords ( cámara alta ) Senate ( Senado ) and the House ( cámara baja ) Congress of Deputies ( Congreso de los Deputies ). Chapter I: The Chambers - Articles 66-80
  • Chapter II: The drafting of laws - Article 81-92
  • Chapter II: The international treaties - Articles 93 to 96
  • Chapter I: General Principles - Articles 137 to 139
  • Chapter II: The local administration - Articles 140 to 142
  • Chapter III: The Autonomous Communities - Article 143-158

The Spanish Constitution on 29 December 1978 in the Official Gazette ( Boletín Oficial del Estado ) in the " official" version published ( in Spanish) and also also also in Catalan, Galician, Valencian, Basque and Balearic and thereby entered into force.

Precursor

  • Statute of Bayona from 1808
  • "Political Constitution of the Spanish monarchy " of 1812 ( Constitution of Cádiz)
  • Royal Statute of 1834
  • Spanish Constitution of 1837
  • Spanish Constitution of 1845
  • Constitutional project of 1852
  • Non - proclaimed Constitution of 1856
  • Spanish Constitution of 1869
  • Project of the federal Constitution of 1873
  • Spanish Constitution of 1876
  • Spanish Constitution of 1931
  • Constitutional laws of the kingdom ( Leyes del Reino Fundamental ), the so-called Franco - Constitution 1938-1977
  • Today's Constitution since 1978

Pictures

Binding of the Spanish Constitution of 1931

Monument Cortes de Cádiz 1812 in memory of the first Spanish constitution

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