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Topic: Spanish Constitution of 1978


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In the News (Thu 26 Nov 09)

  
 Constitución Española. Sección la Constitución. Textos completos
The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognizes and guarantees the right to self-government of the nationalities and regions of which it is composed and the solidarity among them all.
The Constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal statutes, the non-retroactivity of punitive provisions that are not favourable to or restrictive of individual rights, the certainty that the rule of law shall prevail, the accountability of public authorities, and the prohibition of arbitrary action of public authorities.
Spanish nationality shall be acquired, retained and lost in accordance with the provisions of the law.
www.constitucion.es /constitucion/lenguas/ingles.html   (13221 words)

  
 Form of State: Federal, Unitary or ...
The transitional constitution is a compromise in which the crucial issue remains at least formally unresolved, as was true in the post Franco Spanish Constitution of 1978 that successfully established democracy in that country.
The federal leaning of the transitional constitution is modified by its provisions for national citizenship as the cornerstone of the franchise in national, provincial, and local elections.
The nine provinces are specified in the constitution as the provinces of the republic.
www.jcpa.org /dje/articles/formofstate.htm   (2828 words)

  
 Constitution-Making: The Pre-eminently Political Act
Constitutional architects and designers can borrow a mechanism here or there but, in the last analysis, those mechanisms must be integrated in a manner that is true to the spirit of the civil society for which the constitution is designed.
Constitutions as covenants or compacts or extensions thereof, can either be changed in their entirety or can involve frequent amendment, because issues of constitutional choice become part of the coin of the realm, as it were, and publics constituted as partnerships see themselves as empowered to participate in constitutional design in a relatively direct way.
Constitutional choice involves utilizing appropriate models that recognize the importance of institutions in the lives of humans, the significance of history and culture in shaping those institutions and rendering particular institutions effective or ineffective, and identifying the empirical and behavioral dimensions of the constitutional process in each case.
www.jcpa.org /dje/articles3/constisramer.htm   (4810 words)

  
 Publications
The twentieth anniversary of the democratic Constitution of 1978 thus deserves to be celebrated as the end point and full realization of a century-old project for the regeneration of Spain, as the meeting again of Spain with Europe and the world, but also the meeting again of Spain with itself.
Moreover, constitutions are kept alive by the persistence of the social and political consensus present at their conception, not by continually invoking their names or past glories.
The longevity of the Constitution will come naturally, for the text will be able to adapt itself to the needs and desires of the people as long as the people wish to maintain their Constitution as a basis for peaceful and democratic coexistence.
www.ned.org /forum/reports/spain98/report.html   (6094 words)

  
 ICL - Spain - Constitution   (Site not responding. Last check: 2007-10-17)
The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and regions which make it up and the solidarity among all of them.
The Constitution guarantees the autonomy of the municipalities.
The President of the Constitutional Court shall be appointed by the King from among its members, on the recommendation of the Plenum of the Court itself, for a period of three years.
www.oefre.unibe.ch /law/icl/sp00000_.html   (15266 words)

  
 Venice Commission - Commission de Venise
New constitutions were of course necessary for technical reasons, because the democratic system could not be run on the basis of the old, authoritarian, antidemocratic, or one-party-constitutions.
On various grounds however, the new, democratic constitution was passed as an amendment of the constitution, so that the official numbering of the new constitution is still Law XX of 1949.
To have the absolute 2/3 majority for amending the constitution an agreement was necessary between the majority and the biggest party in the opposition, which former also was a member of the Opposition at the Round Table.
www.venice.coe.int /docs/2004/CDL-JU(2004)004-e.asp   (5219 words)

  
 CalendarHome.com - Second Spanish Republic - Calendar Encyclopedia   (Site not responding. Last check: 2007-10-17)
The Second Spanish Republic is the name of the regime that existed in Spain between April 14, 1931, when King Alfonso XIII left the country, and April 1, 1939, when the last of the Republican (Loyalist) forces surrendered to Francoist (Nationalist) forces in the Spanish Civil War.
Overall, in spite of a wide range of liberties, the Constitution failed to agree in key areas with the conservative right, which was very powerfully rooted in rural areas, and the powerful Catholic Church, which was stripped of schools and public subsidies under the new Constitution.
As a result, the Spanish Phalanx, a Nationalist party led by José Antonio Primo de Rivera (son of the former dictator) and inspired by Fascism rose sharply.
encyclopedia.calendarhome.com /cgi-bin/encyclopedia.pl?p=Second_Spanish_Republic   (1396 words)

  
 Spanish - Langmaker   (Site not responding. Last check: 2007-10-17)
Spanish is one of six official working languages of the United Nations and one of the most used global languages, along with English.
Spanish is also arguably among the most extensively studied languages for long-term world backpackers who originate from Anglophone countries, due to the extensive geographic area and number of countries in Latin America where Spanish is the primary language and English is not widely understood.
Spanish people tend to call this language español when contrasting it with languages of other states (e.g., in a list with French and English), but call it castellano (Castilian, from the Castile region) when contrasting it with other languages of Spain (such as Galician, Basque, and Catalan).
www.langmaker.com /db/Spanish   (584 words)

  
 Spanish Constitution of 1978 - Wikipedia, the free encyclopedia
The Spanish Constitution of 1978 is the culmination of the Spanish transition to democracy.
The constitution was approved by the Cortes Generales on October 31, 1978, and by the Spanish people in a referendum on December 6, 1978, before being promulgated by King Juan Carlos on December 27.
The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognizes and guarantees the right to self-government of the nationalities and regions of which it is composed and the solidarity among them all.
en.wikipedia.org /wiki/Spanish_Constitution_of_1978   (1144 words)

  
 DIRECTORIO DE ENTIDADES DE PROMOCIÓN ECONÓMICA Y DESARROLLO LOCAL
From the Spanish left, proposals of a federal nature are being proposed, with and without recognition of a certain degree of asymmetry, as a means of moving forward in the construction of an Autonomic State, having understood that the model to aspire to which the Constitution of 1978 prefigures is a federal one.
One seems to get the impression that the Constitution of 1978 is still accepted by almost everyone as a common meeting point, but it being the point of arrival for some and the point of departure for others.
And this despite the abundance of the jurisprudence of the Constitutional Court and the fact that central government is fully aware that this organ usually reaffirms its juridical foundations by referring to the decisions of previous rulings.
www.lib.byu.edu /~rdh/wess/iber/autonomy.html   (4881 words)

  
 ICL - Spain - Constitution
The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and regions which make it up and the solidarity among all of them.
The Constitution guarantees the autonomy of the municipalities.
The President of the Constitutional Court shall be appointed by the King from among its members, on the recommendation of the Plenum of the Court itself, for a period of three years.
www.servat.unibe.ch /law/icl/sp00000_.html   (15266 words)

  
 DIRECTORIO DE ENTIDADES DE PROMOCIÓN ECONÓMICA Y DESARROLLO LOCAL
From the Spanish left, proposals of a federal nature are being proposed, with and without recognition of a certain degree of asymmetry, as a means of moving forward in the construction of an Autonomic State, having understood that the model to aspire to which the Constitution of 1978 prefigures is a federal one.
One seems to get the impression that the Constitution of 1978 is still accepted by almost everyone as a common meeting point, but it being the point of arrival for some and the point of departure for others.
And this despite the abundance of the jurisprudence of the Constitutional Court and the fact that central government is fully aware that this organ usually reaffirms its juridical foundations by referring to the decisions of previous rulings.
net.lib.byu.edu /~rdh7/wess/iber/autonomy.html   (4881 words)

  
 Spain - Gurupedia
With the approval of the Constitution of 1978 and the arrival of democracy, the old historic nationalities —; Basque Country, Catalonia and Galicia — were given far-reaching autonomy, which, in due course, was extended to all Spanish regions.
Spain is a constitutional monarchy, with a hereditary monarch and a bicameral
Catalan, Galician, Aranese (Occitan) and Spanish (Castilian) are all descended from
www.gurupedia.com /s/sp/spain.htm   (2695 words)

  
 The Constitution.   (Site not responding. Last check: 2007-10-17)
For your convenience, the Embassy of Spain has available copies in English, French and Spanish of the Spanish Constitution of 1978..
SPANISH CONSTITUTION Passed by The Cortes Generales in Plenary Meetings of the Congress of Deputies and the Senate held on October 31, 1978.
Ratified by the Spanish People in the Referendum of December 7, 1978.
www.sispain.org /english/politics/constitu/constitu.html   (116 words)

  
 nabarralde.com
The Spanish Constitution of 1978 recognises only one nation: the "Spanish nation." The State of Autonomies is constituted on the basis of the "national sovereignty of the Spanish people" (art.
The Constitution concedes low autonomy to territorial entities, with the possibility of realising their own political options but within the framework of the policies adopted by the central government.
Thus, the Spanish Constitution of 1978 lacks a common constitutional space that might guarantee the constitutional recognition and political autonomy of the various nations within the Spanish state.
www.nabarralde.com /anabarra/anabarra_ra1.html   (585 words)

  
 REC: Doors to Democracy - Western Europe: Spain (1)
The Spanish Constitution of 1978 recognizes that all persons have the right to an environment which is adequate for their development and the duty to conserve it (Article 45.1).
The Spanish Constitution of 1978 recognizes the fundamental right of citizens to participate in public matters, directly or through representatives, it being the obligation of all public authorities to facilitate the participation of all citizens in public, economic, cultural and social life.
The constitution refers generically to the public participation of citizens, specifically regulated by means of the different sectoral regulations, as one of the phases of the procedure (planning legislation, environmental impact assessment, industrial policy, approval of natural resource management plans, etc.).
www.rec.org /REC/Publications/PPDoors/WEST/Spain1.html   (8125 words)

  
 Spanish Regions: 2004, a decisive Year
The Spanish Constitution of December 1978 laid the foundation for the development of a modern, democratic state.
In a sense, this is a continuation of the process which led to the drawing up of the document in 1978; it was drafted by a group of politicians from a variety of parties who were given the daunting task of reaching consensus on how the new Spain should be run.
After Congress and the Senate had approved the Constitution, it was ratified through a public referendum, in which 90 percent were in favor, and was finally sanctioned by the King of Spain on December 27.
www.nytimes.com /global/spainregions/two.html   (755 words)

  
 Royal pregnancy a conundrum for Spain - Boston.com
When the prince and his wife, the former TV anchorwoman Princess Letizia, announced the birth of their daughter in October 2005, the chubby, fair-haired Leonor was quickly hailed as a potential future queen, the first here by birthright rather than marriage in nearly 200 years.
But the Spanish constitution of 1978 stipulates that the first-born male always takes precedence in the line of succession, even if he has an older sister.
Zapatero's government insists there is no real urgency to changing the constitution because until Felipe actually becomes king, his children are not legally in line to inherit the throne.
www.boston.com /news/world/europe/articles/2006/09/27/royal_pregnancy_a_conundrum_for_spain   (778 words)

  
 Convocation of American Churches in Europe | Our partners in Europe
During Bishop Cabrera's Episcopate, the Spanish Church experienced a steady growth; at the time of his death in 1916 there were a good number of churches and parish schools.
The Spanish Constitution of 1978 legally recognized the existence of non-Roman Churches and granted them full liberty to perform their mission.
The Spanish Episcopal Reformed Church is a member of the World Council of Churches and the Conference of European Churches.
www.tec-europe.org /partners/Spanish_partner.htm   (913 words)

  
 World Law: Spain
The Constitution grants different powers to the central government and to the regions, called autonomies, similar to the manner in which the American Constitution reserves certain areas of regulation for the federal government and leaves others to the states.
Article 149.1.18 of the Spanish Constitution empowers the national legislature to enact laws providing the basic structure for the foundation, development and government of local units.
The first Spanish Constitution, enacted in 1812, started a process that was intended to standardize certain laws across all of Spain.
jurist.law.pitt.edu /world/spaincor2.htm   (1184 words)

  
 Euskal Herria Journal | A Basque Journal   (Site not responding. Last check: 2007-10-17)
Freedom is a right inherent in the individual recognized by the Spanish Constitution of 1978, Article 17 of which establishes that citizens may be deprived of their freedom only in the cases, and according to the methods, prescribed under law.
The constitutional law regualting the Habeas Corpus procedure is conceived as a way of bringing any illegally arrested person before a magistrate immediately.
The rights included in the Constitution are developed, as far as procedure is concerned, in the Criminal Prosecution Act (CPA) which, while being an ordinary act, includes certain instructions that constitute genuinely special legislation.
members.freespeech.org /ehj/navarre/navarre_torture2.html   (1919 words)

  
 AllRefer.com - Spain - The 1978 Constitution | Spanish Information Resource
The Constitution proclaims Spain to be a social and democratic state governed by law and declares liberty, justice, equality, and political pluralism to be the country's foremost values.
The provisions of the new Constitution with regard to the church are, however, not as stridently secular as those of the 1931 constitution, which so antagonized the conservative elements of Spanish society.
The 1978 document guarantees complete religious freedom and declares that there will be no state religion, but it also affirms that public authorities are to take into account the religious beliefs of Spanish society and that they are to maintain cooperative relations with the Roman Catholic Church and with other religions (see Religion, ch.
reference.allrefer.com /country-guide-study/spain/spain117.html   (1058 words)

  
 Cooperation Agreement Between the Spanish State and the Islamic Commission of Spain Law 26 of 10 November 1992
Such freedom of worship, conceived originally to pertain individually to each citizen is, likewise and by extension, applicable to the faiths or communities that groups of individuals may establish to comply collectively with their religious aims, subject to no prior authorisation or enrollment in any public Registry.
From the standpoint of the deepest respect for such principles, the State is obliged by constitutional mandate, to the extent that religious beliefs prevailing in Spanish society demand, to maintain co-operative relations with the various religious faiths, which may involve different avenues for each of the faiths enrolled in the Registry of Religious Entities.
A Mixed Committee shall be constituted, on which the Central Government and the Islamic Commission of Spain shall be equally represented, for the implementation and follow-through of the present Agreement.
www.religlaw.org /interdocs/docs/coagrspstislamiccom1992.htm   (2267 words)

  
 Democratic Transition within the Spanish Constitutional Framework: The Case of the Basque Country (KurdishMedia.com)   (Site not responding. Last check: 2007-10-17)
More importantly, the fascist character of Spanish nationalism defended by Francoism was seriously questioned by the 1978 Constitution, which not only aimed at the transformation of Spain into a democratic state, but also admitted the existence of national minorities within its territory as a crucial part of this democratisation process.
Overall, the 1978 Constitution rejects exclusive nationalism, whether it is the Spanish nationalism to the exclusion of the other group rights, or peripheral nationalism which rejects the State sovereignty with the probable inclusion of the other communities against the Central State nationalism on the basis of their claim to difference.
As Carr and Fusi put it at the time, this was the first Spanish constitution which was a result of ‘neither the unilateral imposition of a particular party nor the expression of a single ideology’.
www.kurdmedia.com /reports.asp?id=900   (3147 words)

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