Constitution of Spain

Constitution of Spain

Author: Spanish Constituent Assembly | Year: 1978 | Articles: 169 | Generated: 2025-05-25

How to Use This Skill

• Without arguments — load core frameworks for Spanish constitutional law and parliamentary monarchy
• With a part — ask for part-00 (Preliminary Title), part-01 (Rights and Duties), part-02 (The Crown), etc. to dive into a specific part
• With a topic — ask about crown, cortes, government, autonomous-communities, constitutional-court, amendment, or another indexed concept
• Browse — ask "what parts do you have?" to see the full index

When you ask about a topic not covered in Core Frameworks below, I will search and read the relevant part file before answering.

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Core Frameworks & Mental Models

The Constitutional Identity (Preliminary Title - Articles 1-9)

Use when: Understanding the foundational principles and values of the Spanish State

Spain as a Social and Democratic State under the Rule of Law (Article 1)

• Social State: State has positive obligation to promote social welfare and equality
• Democratic State: Popular sovereignty exercised through democratic institutions
• Rule of Law (Estado de Derecho): All powers subject to Constitution and law
• Parliamentary Monarchy: Political form is the parliamentary monarchy
• Superior Values: Liberty, justice, equality, and political pluralism are superior values of the legal order and social coexistence

Indivisible Nation with Autonomous Nationalities (Article 2)

• Indivisible Unity: Constitution is based on the indissoluble unity of the Spanish Nation
• Common Fatherland: Spain is the common and indivisible fatherland of all Spaniards
• Right to Autonomy: Recognizes and guarantees the right to autonomy of the nationalities and regions
• Solidarity: Among all Spanish territories

Official Language and Capital (Articles 3-4)

• Castilian: Official language of the State throughout Spain
• Regional Languages: Other languages official in their Autonomous Communities
• Linguistic Heritage: Richness of linguistic modalities is cultural heritage to be respected and protected
• Capital: Madrid is the capital of the State

Political Pluralism and Social Organizations (Articles 5-7)

• Political Parties: Express political pluralism, contribute to formation of popular will, instruments for political participation
• Internal Democracy: Must have democratic internal structure
• Trade Unions and Employers Associations: Contribute to defense and promotion of economic and social interests
• Right to Found: Trade unions and professional associations have right to be founded freely

Armed Forces and Rule of Law (Articles 8-9)

• Armed Forces Mission: Guarantee sovereignty and independence of Spain, defend territorial integrity and constitutional order
• Subject to Law: Citizens and public powers are subject to the Constitution and the rest of the legal order
• Promotion Obligation: Public powers must promote conditions for real and effective liberty and equality
• Legal Security: Public powers must act in accordance with the law, which must be hierarchically ordered and published

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Part 01: Rights and Duties of Citizens (Articles 10-55)

Spaniards and Foreigners (Articles 11-13)

Use when: Analyzing nationality, citizenship, and rights of foreigners

• Spanish Citizenship: Defined by law
• No Deprivation: No Spaniard of origin may be deprived of nationality
• Foreigners' Rights: Enjoy public freedoms guaranteed by Constitution, subject to conditions established by law and treaties
• Extradition: Only in compliance with treaty or law
• Political Asylum: Granted to foreigners persecuted for defending constitutional values or for political reasons

Fundamental Rights and Public Freedoms (Articles 14-38)

Use when: Analyzing core civil and political rights

Equality Before Law (Article 14)

• Principle: Spaniards are equal before the law
• Non-Discrimination: Cannot be discriminated against for any reason (birth, race, sex, religion, opinion, or any other personal or social condition)

Right to Life and Physical Integrity (Article 15)

• Right to Life: Everyone has the right to life
• No Torture: No one may be subjected to torture or to inhuman or degrading punishment
• Death Penalty: Abolished, except as provided by military criminal law in times of war

Freedom of Ideology, Religion, and Worship (Article 16)

• Freedom Guaranteed: Of ideology, religion, and worship of individuals and communities
• No State Religion: No religion shall have a state character
• Public Manifestation: Everyone has the right to freely manifest their religion or beliefs in public or in private

Right to Liberty and Security (Article 17)

• Right to Liberty: Everyone has the right to liberty
• Due Process: No one may be deprived of liberty except as provided by law
• Habeas Corpus: Organic act shall regulate preventive detention procedure
• Information Rights: Detained persons must be informed of reasons and charges

Right to Privacy (Article 18)

• Honor, Privacy, Image: Right to honor, personal and family privacy, and own image is guaranteed
• Domicile Inviolability: Home is inviolable
• Secrecy of Communications: Guaranteed for postal, telegraphic, and telephone communications
• Data Protection: Law shall limit use of information technology to guarantee privacy

Freedom of Residence and Movement (Article 19)

• Freedom of Residence: Spaniards have right to freely choose place of residence
• Freedom of Movement: Free movement throughout national territory
• Enter/Leave Spain: Right to freely enter and leave Spain, subject to public interest limitations

Freedom of Expression and Information (Article 20)

• Freedom of Expression: Right to freely express and disseminate thoughts, ideas, and opinions
• Literary and Artistic Freedom: Right to literary, artistic, scientific, and technical production
• Right to Information: Right to freely communicate or receive truthful information
• Limitations: By law for respect of rights recognized in Title I, or in state of siege

Right to Assembly (Article 21)

• Peaceful Assembly: Right to assemble peacefully and without arms
• No Prior Authorization: Required for meetings in public places and demonstrations
• Public Notification: Prior notification to authorities required

Right to Association (Article 22)

• Right to Associate: For any lawful purpose
• Prohibited Associations: Secret and paramilitary associations
• Registration Requirement: For associations pursuing economic and social interests
• Dissolution: Only by court decision for criminal offenses

Right to Participate in Public Affairs (Article 23)

• Right to Participate: Directly or through freely elected representatives
• Universal Suffrage: Periodic elections by universal suffrage
• Access to Public Office: On equal conditions

Right to Petition (Article 29)

• Individual and Collective: Right to submit petitions to public authorities

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Rights and Duties of Citizens (Articles 30-38)

Use when: Analyzing economic, social, and specific civil rights

Civil Duties (Article 30)

• Defense of Spain: Right and duty to defend Spain
• Military Service: Regulated by law; conscientious objection may be regulated by organic act

Right to Education (Article 27)

• Right to Education: Everyone has the right to education
• Compulsory and Free: Basic education is compulsory and free
• Public Education: Public authorities guarantee right to education
• Private Education: Respect for parents' right to religious and moral education
• University Autonomy: Universities have autonomy within limits of law

Right to Work (Article 35)

• Right and Duty: All Spaniards have the duty to work and the right to work
• Free Choice: Of profession or trade
• Working Conditions: Law guarantees right to rest, limits working day, guarantees periodic paid vacations
• Special Protection: For minors

Right to Property (Article 33)

• Right: To private property and inheritance
• Social Function: Limited by social function
• Expropriation: Only for justified public utility or social interest, with compensation

Right to Private Enterprise (Article 38)

• Freedom: Within framework of market economy
• Public Sector: Law guarantees and protects public sector in economic system
• Public Planning: Law may reserve to public sector essential resources or services

Right to Found Foundations (Article 34)

• Right: To found foundations for lawful ends
• Protection: Activities and assets protected by law
• Registration: In Registry as determined by law

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Guiding Principles of Social and Economic Policy (Articles 39-52)

Use when: Understanding state obligations in social and economic spheres

Family Protection (Article 39)

• Marriage: Based on full consent of spouses
• Equality: Spouses have equal rights and duties
• State Protection: Public powers ensure social, economic, and legal protection of the family

Children (Article 39)

• Equal Rights: Children born within or outside marriage have same rights
• Protection: Law provides for protection of minors

Public Health (Article 43)

• Right: To protection of health
• State Obligation: Public authorities organize and foster public health and preventative measures
• Promotion: Health education, physical education, and sports

Culture and Science (Article 44)

• Right: To enjoy culture and its benefits
• State Obligation: Promote and foster access to culture
• Scientific Research: Promote science and technical research for general interest

Environment (Article 45)

• Right: To enjoy environment suitable for personal development
• Public Duty: Everyone must preserve it
• State Obligation: Watch over rational use of natural resources, prevent pollution
• Criminal Sanctions: Law regulates use of natural resources

Consumer Protection (Article 51)

• State Obligation: Guarantee defense of consumers and users
• Regulation: Law regulates consumer rights and obligations
• Education and Information: Promote consumer education and information

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Part 02: The Crown (Articles 56-65)

Use when: Analyzing the role of the monarchy in the Spanish constitutional system

The King as Head of State (Article 56)

• Role: Head of State, symbol of unity and permanence
• Arbitration: Arbitrates and moderates regular functioning of institutions
• Representation: Highest representative of Spanish State in international relations
• Functions: Exercises functions expressly attributed by Constitution and laws

Inviolability (Article 56.3)

• Inviolability: Person of the King is inviolable and cannot be held accountable
• Counter-signature: Acts shall always be countersigned
• Validity: Without countersignature, acts are not valid (except as provided in Article 65.2)

Succession to the Throne (Article 57)

• Hereditary: Crown is hereditary among successors of Juan Carlos I de Borbon
• Order: Regular line and by representation, preference to nearest line
• Male Preference: In same line, closest degree preferred; within same degree, male preferred over female; in same sex, elder over younger
• Exclusion: Descendants of excluded persons also excluded
• Regulation: By organic act

Proclamation and Oath (Article 61)

• Oath: "I swear to faithfully perform my duties, to uphold the Constitution and the laws and to respect the rights of the citizens and of the Autonomous Communities"
• Prince of Asturias: On reaching majority, takes oath before King
• Regent: Takes oath before Cortes Generales

Regency (Articles 59-60)

• When Required: When King is minor or disabled
• Order: Father or mother of King, or nearest relative of legal age in line of succession
• Regent Oath: Takes oath provided in Article 61.2
• Regency Council: When no person has right to regency, exercised by President of Cortes Generales, President of Constitutional Court, and President of Council of Ministers

Tutorship (Article 60)

• Regulation: By law
• Incompatibility: Tutor of King cannot hold regency simultaneously

Royal Functions (Article 62)

• Sanction and Promulgation: Of laws
• Supreme Commander: Of Armed Forces
• Diplomatic: Accredits ambassadors, receives accreditation
• Cortes: Calls for elections, dissolves Cortes Generales
• Referendum: Calls referendum under constitutional conditions
• Government: Proposes candidate for President of Government, appoints/dismisses him; appoints/dismisses other Ministers on PM proposal
• Decrees: Issues decrees agreed upon by Council of Ministers
• Appointments: Confers civil and military positions and honorific distinctions

Counter-signature (Article 64)

• Requirement: Acts of King countersigned by President of Government and competent Ministers
• Validity: Without countersignature, not valid
• Exceptions: Appointment and dismissal of President of Government, dissolution of Cortes Generales (as provided in Constitution)

House of the King (Article 65)

• Appointment: King freely appoints and dismisses members of his House
• Organization: King determines organization and operation of his House
• Funding: Civil list and finances determined by State Budget

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Part 03: Cortes Generales (Legislative Power) (Articles 66-96)

Use when: Analyzing the Spanish Parliament and legislative process

Definition and Composition (Article 66)

• Definition: Cortes Generales represent the Spanish people
• Composition: Congress of Deputies + Senate
• Functions: Exercise legislative power, approve budget, control action of Government, other functions attributed by Constitution

Chamber of Deputies (Articles 68-79)

• Representation: Each province minimum initial representation; cities of Ceuta and Melilla each elect one deputy
• Election: Universal, free, equal, direct, secret suffrage
• Term: 4 years, mandated to meet annually
• Electoral Law: Regulated by organic act

Senate (Articles 69-79)

• Territorial Representation: Most senators elected by provinces, some by Autonomous Communities
• Election: Direct and indirect suffrage as provided by law
• Minimum: Each province elects at least 4 senators; island provinces 3 each (Majorca, Gran Canaria, Tenerife) + 1 each (Ibiza-Formentera, Minorca, La Palma, Gomera, Hierro, Lanzarote-Fuerteventura)
• Autonomous Communities: Each elects at least one senator and one more for each million inhabitants

Legislative Procedure (Articles 87-91)

• Initiative: Government, Congress, Senate, Autonomous Communities, 500,000 citizens
• Government Bills: Deliberated by Council of Ministers, submitted with explanatory memorandum
• Private Bills: Submitted to Bureau of one chamber, referred to committee
• Amendments: Can be proposed during committee stage and before full chamber
• Passage: Bill must be passed by both chambers

Organic Acts (Article 87.2)

• Matters: Development of fundamental rights, approval of Statutes of Autonomy, electoral system, other matters provided by Constitution
• Procedure: Special procedure with enhanced majorities

Decree-Laws and Legislative Delegation (Articles 82-85, 86)

• Decree-Laws: Government may issue provisional legislative measures in extraordinary and urgent cases
• Validation: Congress must validate within 30 days
• Delegation: Cortes may delegate to Government power to issue norms with force of law
• Limits: Cannot delegate matters reserved to organic acts

Budget (Article 134)

• Annual Budget: Government prepares State budget
• Approval: Cortes approve budget
• Fiscal Matters: Only organic act can establish taxes

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Part 04: Government and Public Administration (Articles 97-123)

Use when: Analyzing the executive branch

Government Composition and Functions (Article 97-98)

• Composition: President, Vice-Presidents (if any), and Ministers
• Direction: Government directs domestic and foreign policy, civil and military administration, defense of State
• Executive Power: Exercises executive power and political leadership

Formation of Government (Articles 99-102)

• Nominations: King proposes candidate for President of Government
• Investiture: Congress grants confidence by absolute majority
• Appointment: King appoints President of Government
• Ministerial Appointment: President appoints and dismisses Ministers
• Oath: President and Ministers take oath before King
• Collective Responsibility: Government is collectively responsible to Congress

Government Functions (Article 98)

• Political Leadership: Directs domestic and foreign policy
• Administration: Directs civil and military administration and defense of State
• Executive Power: Exercises executive power in accordance with Constitution and laws

Motion of Censure (Article 113-114)

• Constructive: Congress may require Government to resign by adopting motion of censure
• Majority: Absolute majority of Congress
• Candidate: Motion must propose a candidate for President of Government
• Effects: King appoints proposed candidate as President of Government
• Limitations: Cannot be voted until 5 days after its presentation; cannot be debated until 2 days after its presentation

Decree-Laws (Article 86)

• Extraordinary Measures: Government may issue provisional legislative measures in cases of extraordinary and urgent need
• Validation: Congress must validate within 30 days of issue
• Effects: If not validated, decree-laws are repealed

Legislative Delegation (Articles 82-85)

• Delegating Act: Cortes may delegate to Government power to issue norms with force of law
• Matter: On specific matters
• Time: For determined period
• Limits: Cannot delegate matters reserved to organic acts

Council of Ministers (Article 98)

• Composition: President, Vice-Presidents, Ministers
• Presidency: President presides
• Functions: Deliberates on Government policy, ensures its implementation

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Part 05: Relations between Government and Cortes Generales (Articles 108-116)

Use when: Analyzing executive-legislative relations

Legislative Initiative (Article 87)

• Government: Primary source of bills
• Cortes: Congress and Senate can propose laws
• Autonomous Communities: Can propose laws
• Citizens: 500,000 citizens can propose laws

Decree-Laws (Article 86)

• Government: May issue provisional legislative measures in extraordinary and urgent cases
• Validation: Congress must validate within 30 days
• Consequence: If not validated, decree-laws are repealed

Legislative Delegation (Articles 82-85)

• Cortes: May delegate law-making power to Government
• Specific: On specific matters
• Limited: For limited time
• Excluded: Matters reserved to organic acts cannot be delegated

Government Oversight (Article 109)

• Information: Government must provide information to Cortes on its management
• Control: Cortes can require Government presence and information

Question Time and Interpellation (Article 110)

• Questions: Government must answer questions from members of Cortes
• Interpellation: Government must explain its policy

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Part 06: Judicial Power (Articles 117-127)

Use when: Analyzing the Spanish judiciary

Judicial Independence (Article 117)

• Independence: Judges and magistrates are independent, impartial, and subject only to the rule of law
• Irremovability: Cannot be removed, suspended, transferred, or retired except for causes and with guarantees provided by law

Judicial Unity (Article 123)

• Supreme Court: Highest judicial body in all orders, except constitutional guarantees
• Hierarchy: Judicial power is exercised by courts and tribunals established by law

General Council of the Judiciary (Articles 122-124)

• Composition: President of Supreme Court (presides) + 20 members appointed by King (12 judges, 8 other legal professionals)
• Appointment: 12 judges elected by judges themselves, 8 elected by Congress and Senate
• Functions: Governs judiciary, ensures independence
• Term: 5 years

Public Prosecutor's Office (Article 124)

• Mission: Promotes justice, defends legality and public interest
• Organization: Organic act regulates
• Autonomy: Acts with autonomy according to principles of unity of action and hierarchical dependency

Popular Jury (Article 125)

• Participation: Citizens may participate in administration of justice through jury
• Regulation: Organic act regulates

Military Justice (Article 117.4-5)

• Scope: Military courts only for military offenses committed by military personnel
• Peacetime: Only in state of siege as provided by organic act
• Guarantees: Essential guarantees for defense and assistance by lawyer

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Part 07: Economy and Finance (Articles 128-136)

Use when: Analyzing economic system and public finance

Economic System (Article 128)

• Wealth Subject to General Interest: All wealth in its different forms is subject to general interest
• Public Initiative: Recognized in economic activity
• Private Initiative: Free but must respect general interest
• Public Planning: Organic act may plan economic activity

Public Wealth (Article 128.2)

• National Heritage: Public wealth, irrespective of ownership, is subject to law

Public Sector (Article 128.2)

• Public Sector: Exists in economic system
• Protection: Law guarantees and protects its exercise
• Public Resources: Law may reserve to public sector essential resources or services

Taxation (Article 133)

• Exclusive Competency: State has exclusive competency to establish taxes
• Local Taxes: Local corporations may impose and collect taxes in accordance with law

Public Credit (Article 135)

• State Borrowing: Only by law
• Limits: Law establishes limits on public debt

Budget (Article 134)

• Annual Budget: Government prepares State budget
• Approval: Cortes approve budget
• Execution: Government executes budget

Wealth Distribution (Article 131)

• State Planning: Organic act may plan economic activity to meet collective needs, balance and harmonize development between parts of territory, and ensure fair distribution of wealth

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Part 08: Territorial Organization of the State (Articles 137-158)

Use when: Analyzing Spain's decentralized structure

Territorial Entities (Article 137)

• Composition: Municipalities, provinces, and Autonomous Communities
• Autonomy: All enjoy autonomy for management of their respective interests
• Indivisible Nation: State is organized territorially into these entities

Municipalities (Article 140)

• Legal Personality: Full legal personality
• Autonomy: Manage their own interests
• Government: Through their respective bodies

Provinces (Article 141)

• Legal Personality: Full legal personality
• Composition: Grouping of municipalities
• Purpose: Carrying out activities of State

Autonomous Communities (Articles 143-158)

• Right to Autonomy: Nationalities and regions have right to autonomy
• Autonomous Communities: Territorial entities with legislative and executive powers
• Statutes of Autonomy: Fundamental institutional norm of each Community
• Autonomy Process: Initiative by provincial deputation or inter-island body + 3/4 of municipalities representing majority of population + approval by Cortes

Statutes of Autonomy (Article 147)

• Content: Name, territory, institutions, competencies
• Approval: By organic act
• Reform: By procedure established in Statute and organic act

Competencies (Articles 148-149)

• State Competencies: Exclusive competencies listed in Article 149
• Autonomous Community Competencies: Exclusive competencies in Article 148, plus any not assumed by State
• Shared Competencies: State has competencies in matters not attributed to Autonomous Communities
• Solidarity: All Spanish territories have solidarity obligations

Financial Autonomy (Article 156-157)

• Autonomous Community Revenues: From own taxes, participation in State revenues, other revenues
• State Financing: Compensation fund among Autonomous Communities
• Local Financing: Municipalities and provinces have their own revenues

Conflicts of Competency (Article 161.1.c)

• Resolution: Constitutional Court resolves conflicts between State and Autonomous Communities or between Autonomous Communities

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Part 09: Constitutional Court (Articles 159-165)

Use when: Analyzing constitutional review in Spain

Composition (Article 159)

• 12 Members: 4 appointed by Congress, 4 by Senate, 2 by Government, 2 by General Council of the Judiciary
• Appointment: 2/3 majority in each appointing body
• Term: 9 years, renewed by thirds every 3 years
• Requirements: Magistrates, public prosecutors, professors, lawyers, or civil servants with recognized competence and at least 15 years of professional experience

Jurisdiction (Articles 161-163)

• Constitutional Review: Judges constitutionality of laws, regulations, or acts with force of law
• Concrete Review: When raised by judge or court in a specific case
• Abstract Review: Of laws and regulations before promulgation
• Constitutional Complaint: Protection of fundamental rights against public power violations
• Competency Conflicts: Between State and Autonomous Communities or between Autonomous Communities
• Other Powers: As provided by Constitution and organic act

Decisions (Article 164)

• Force of Law: Decisions have force of law
• Binding: On all public powers and citizens
• Publication: In Official State Gazette
• Effects: Affect unconstitutional provisions, not necessarily acts based on them

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Part 10: Constitutional Amendment (Articles 166-169)

Use when: Understanding how the Spanish Constitution can be changed

Ordinary Procedure (Article 167)

• Initiative: 3/5 majority in each chamber, or 2/3 majority in one chamber and absolute majority in the other
• Approval: Absolute majority in both chambers
• Referendum: If requested by 1/10 of members of either chamber within 15 days after approval

Aggravated Procedure (Article 168)

• Initiative: 2/3 majority in both chambers
• Dissolution: Cortes are immediately dissolved
• New Chambers: Newly elected chambers must approve by 2/3 majority
• Referendum: Mandatory popular referendum for ratification
• Scope: Total revision of Constitution or partial revision of fundamental rights or Crown provisions

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Part Index

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Topic Index

Constitutional Foundations: part-00-principles Rights and Freedoms: part-01-rights Crown: part-02-crown Parliament: part-03-cortes-generales Government: part-04-government, part-05-government-cortes Judiciary: part-06-judicial Economy: part-07-economy Territorial Organization: part-08-territorial Constitutional Court: part-09-constitutional-court Amendment: part-10-amendment

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Supporting Files

• glossary.md — all key constitutional terms with definitions
• patterns.md — constitutional patterns, federal models, and democratic designs
• cheatsheet.md — quick reference tables and decision guides

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Scope & Limits

This skill covers the Constitution of Spain (1978) in its entirety, including all 10 parts. It extracts the constitutional frameworks, principles, and institutional designs of the Spanish State. For comparative constitutional analysis, combine with constitution-of-france, constitution-of-italy, or basic-law-for-the-federal-republic-of-germany. For philosophical foundations of constitutionalism, see plato-the-republic or kant-groundwork-of-the-metaphysics-of-morals.

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Connections to Other Skills