CURSO CONSTITUCIÓN ESPAÑOLA CLASE 1 PARTE I

Introduction to the Constitution

Overview of the Constitution

• The constitution is described as the fundamental norm at the top of the legal order, crucial for all competitive exams and contains many questions in official tests.

• This introductory class will cover what a constitution is, its historical evolution, fundamental characteristics, and structure.

Legal Order Explained

• The legal order refers to the set of laws governing a society at a specific time and place, represented as a pyramid with the constitution at its apex.

• The constitution serves as the supreme norm from which all other laws derive their authority. It is termed as "super norma."

Historical Context of the Spanish Constitution

Transition to Democracy

• Following Franco's death, Juan Carlos I was proclaimed king, leading to a new democratic process in Spain after previous franquist laws became obsolete.

• Key milestones include:

• Approval of Law for Political Reform on January 4, 1977.

• First general elections held on June 15, 1977 aimed at drafting a new constitution.

Founding Figures

• A commission was established within Congress to draft the future constitution; notable figures included:

• Jordi Solé Turá (Communist Party)

• Miquel Roca Junyent (Catalan Minority Group)

• José Pedro Pérez Llorca (Union of Democratic Center)

• Others from various political groups contributed significantly.

Approval Process of the Constitution

Key Dates and Procedures

• Both chambers approved the text separately on October 31, 1978.

• The referendum for approval took place on December 6, 1978.

• The king sanctioned and promulgated it on December 27, marking formal acceptance by royal authority.

Legislative Authority Clarified

• Historically, sanctioning allowed kings to approve or veto laws; however, under current constitutional provisions, this power does not extend to legislative creation or prohibition by the king.

Characteristics of the Spanish Constitution

Structural Features

• The Spanish Constitution is extensive in terms of articles and complexity compared to others globally.

• It is formal and written; developed through political processes with numerous articles requiring further development via organic laws.

Influences and Nature

• Influenced by earlier constitutions like that of Spain in 1931 and European texts such as Italy's Constitution (1947).

• Reflective of international human rights documents like Universal Declaration of Human Rights.

Popular Origin & Flexibility

Constitutional Structure and Key Components

Overview of the Constitution

• The constitution consists of 169 articles, organized into a preliminary title and ten numbered titles (1 to 10), along with four additional provisions, nine transitional provisions, one derogatory provision, and a final provision.

• It is divided into two main parts: the dogmatic part that recognizes constitutional principles and the organic part that establishes state power structures.

Dogmatic vs. Organic Parts

• The dogmatic part enshrines societal values, state principles, fundamental rights, and freedoms; for example, it states that Spanish is the official language of the state.

• The organic part outlines the structure of state organs, their competencies, hierarchy, and functioning—detailing how each organ operates.

Clarification on Constitutional Titles

• While some sources classify the organic part as titles 2 to 10, a more accurate division places titles 2 to 9 in this category while title 10 pertains specifically to constitutional reform.

• This refined classification aids in better understanding for examinations: dogmatic part (preliminary title + title 1), organic part (titles 2 to 9), and constitutional reform (title 10).

Detailed Structure of the Spanish Constitution

Breakdown of Titles

• The constitution's structure includes:

• Preliminary Title: Articles 1 to 9.

• Title I: Rights and duties fundamentals covering various chapters from citizenship rights to guarantees of freedoms.

Specific Titles Explained

• Title II: Focuses on the Crown (Articles 56 to 65).

• Title III: Covers General Courts including law-making processes (Articles 66 to 96).

Government Structure

• Title IV: Discusses government administration (Articles 97 to 107).

• Title V: Details relationships between government and General Courts (Articles108 to116).

Judicial System & Economy

• Title VI: Outlines judicial powers (Articles117 to127).

• Title VII: Addresses economic matters (Articles128 to136).

Rights and Duties within the Constitution

Rights Framework

• Within Title I’s Chapter II on rights:

• Divided into sections focusing on fundamental rights versus citizen duties.