Constitution of Spain

A Contextual Analysis
1. Auflage 2013
ISBN: 978-1-84946-016-3
Verlag: Bloomsbury 3PL

Buch, Englisch, 312 Seiten, Paperback, Format (B × H): 140 mm x 216 mm, Gewicht: 390 g

This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future.

Autoren/Hrsg.

Ferreres Comella, Victor

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Westeuropa, Südeuropa

Inhaltsverzeichnis

1 The Framing of the Spanish Constitution

Introduction

A Tragic Precedent: The Second Republic (1931-36)

A Long Dictatorship

A Negotiated Transition to Democracy

The Constitutional Spirit: The Politics of Consenso

The Constitution as the Embodiment of Shared Values

The Constitution as the Product of a Bargaining Process

Conclusion

2 An Overview of the Spanish Constitutional System: Basic Principles

Spain as a 'Social and Democratic State Under the Rule of Law'

A Parliamentary Monarchy with Limited Mechanisms of Direct Democracy

The Constitutional Relevance of Political Parties

Quasi-Federalism: The Estado de las Autonomías

Conclusion

3 The Constitution and the Legal System

The Nature of the Constitution as a Legal Norm

The Constitution and Time: Constitutional Amendments

The Constitution and Space: International and Supranational Sources of Law

Conclusion

4 The Crown

The Legitimacy of the Monarchy

The King's Symbolic Function

The Countersignature Requirement

The Role of the King in Selecting the Government

The King's Authority to Sanction the Laws

The King's Political Neutrality

The King's Immunity

Regency, Guardianship, Marriage and Succession

Conclusion

5 Parliament

Introduction

The Electoral System

The Status of Members of Parliament

Parliament's Regulatory Autonomy: The Role of By-laws or Standing Orders

Parliament's Internal Organization

Parliament's Role in Selecting and Checking the Government

Parliament as a Legislative Body

The Future of the Senate

Conclusion

6 The Government and Public Administration

The Government

The Public Administration

Controlling the Government and the Administration

Conclusion

7 Regional Decentralization: The Estado de las Autonomías

The Birth of the Estado de las Autonomías (State of Autonomies)

General Principles of the Estado de las Autonomías: Unity, Autonomy, Solidarity, Equality

The Constitutional Role of Statutes of Autonomy

The Distribution of Powers between the State and the Autonomous Communities

Cooperation and Conflicts between the State and the Regions

The Financial System of the Regional Governments

The Political System of the Autonomous Communities

The Relationships between State Law and Regional Law

The Debate about Asymmetry

The Secessionist Challenge

Local Government

Conclusion

8 The Constitutional Role of Courts

Jurisdictional Exclusivity and Unity

Impartiality, Independence, Legality and Responsibility

The Democratic Legitimacy of Judicial Decisions

The Government of Judges

Prosecutors and the Jury

Why a Constitutional Court?

Composition

Jurisdiction of the Court

The Court's Performance: Tensions with the Political Branches and the Ordinary Judiciary

Conclusion

9 Fundamental Rights

The Structure of the Bill of Rights

Legal Mechanisms for Protecting Rights

Restriction and Suspension of Fundamental Rights

Who is Entitled to Fundamental Rights?

Are Private Individuals Bound by Fundamental Rights?

Fundamental Rights in an Activist State

Conclusion

Über Autor(innen)

Ferreres Comella, Victor
Victor Ferreres Comella is Professor of Constitutional Law at Pompeu Fabra University in Barcelona and a Visiting Professor at the University of Texas at Austin.