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Government And Society

From 1833 until 1939 Spain almost continually had a parliamentary system with a written
constitution. Except during the First Republic (1873–74), the Second Republic (1931–36), and the
Spanish Civil War (1936–39), Spain also always had a monarchy. For a complete list of the kings
and queens regnant of Spain, see below.

From the end of the Spanish Civil War in April 1939 until November 1975, Spain was ruled by
Gen. Francisco Franco. The principles on which his regime was based were embodied in a series
of Fundamental Laws (passed between 1942 and 1967) that declared Spain a monarchy and
established a legislature known as the Cortes. Yet Franco’s system of government differed
radically from Spain’s modern constitutional traditions.

Under Franco the members of the Cortes, the procuradores, were not elected on the democratic
principle of one person, one vote but on the basis of what was called “organic democracy.” Rather
than representing individual citizens, the procuradores represented what were considered the basic
institutions of Spanish society: families, the municipalities, the universities, and professional
organizations. Moreover, the government—appointed and dismissed by the head of state alone—
was not responsible to the Cortes, which also lacked control of government spending.

In 1969 Franco selected Juan Carlos de Borbón, the grandson of King Alfonso XIII, to succeed
him as head of state. When Franco died in 1975, Juan Carlos came to the throne as King Juan
Carlos I. Almost immediately the king initiated a process of transition to democracy that within
three years replaced the Francoist system with a democratic constitution.

Constitutional framework

The product of long and intense negotiations among the leading political groups, the Spanish
constitution was nearly unanimously approved by both houses of the legislature (it passed 551–11
with 22 abstentions) in October 1978. In a December referendum, the draft constitution was then
approved by nearly 90 percent of voters. The constitution declares that Spain is a constitutional
monarchy and advocates the essential values of freedom, justice, equality, and political pluralism.
It also provides for the separation of powers into executive, legislative, and judicial branches.
Although the monarch is the head of state and the country’s highest representative in international
affairs, the crown’s role is defined as strictly neutral and apolitical. The monarch is also
commander in chief of the armed forces—though without actual authority over them—and the
symbol of national unity. For example, when the new democratic constitution was threatened by a
military coup in 1981, Juan Carlos in military uniform addressed the country on national
television, defusing the uprising and saving the constitution. The monarch’s most important
functions include the duty to summon and dissolve the legislature, appoint and accept the
resignation of the prime minister and cabinet ministers, ratify laws, declare wars, and sign treaties
decided upon by the government.

The legislature, known as the Cortes Generales, is composed of two chambers (cámaras): a lower
chamber, the Congress of Deputies (Congreso de los Diputados), and an upper chamber, the
Senate (Senado). As with most legislatures in parliamentary systems, more power is vested in the
lower chamber. The Congress of Deputies has 350 members, who are elected to four-year terms by
universal suffrage. The Senate is described in the constitution as the “chamber of territorial
representation,” but only about one-fifth of the senators are actually chosen as representatives of
the autonomous communities. The rest are elected from the 47 mainland provinces (with each
province having four senators), the islands (the three largest having four and the smaller ones
having one each), and Ceuta and Melilla (having two each).

The executive consists of the prime minister, the deputy prime minister, and the members of the
cabinet. After consultation with the Cortes, the monarch formally appoints the prime minister; the
cabinet ministers, chosen in turn by the prime minister, are also formally appointed by the
monarch. The executive handles domestic and foreign policy, including defense and economic
policies. Since the executive is responsible to the legislature and must be approved by a majority
vote, the prime minister is usually the leader of the party that has the most deputies. The Congress
of Deputies can dismiss a prime minister through a vote of no confidence.

Regional government

For most of the period after 1800, Spain was a highly centralized state that did not recognize the
country’s regional diversity. Decades of civil unrest followed Isabella II’s accession to the throne
in 1833, as factions warred over the role of the Roman Catholic Church, the monarchy, and the
direction of Spain’s economy. The constitution of the short-lived First Republic called for self-
governing provinces that would be voluntarily responsible to the federal government; however,
decentralization led to chaos, and by 1875 the constitutional monarchy was restored. For the rest
of the 19th century, Spain remained relatively stable, with industrial centres such as the Basque
region and Catalonia experiencing significant economic growth while most of the rest of Spain
remained poor. Following Spain’s defeat in the Spanish-American War (1898), many Spaniards
viewed their country’s political and economic systems as unworkable and antiquated. Groups in
Catalonia, the Basque region, and Galicia who wanted to free their regions from the “Castilian
corpse” began movements for regional autonomy, and a number of influential regional political
parties consolidated their strength. One of the stated goals of the Second Republic was to grant
autonomy to the regions, as it did to Catalonia and the Basque provinces; however, self-
government for these regions was not reinstated after the Civil War.

During the Franco years the democratic opposition came to include regional autonomy as one of
its basic demands. While the 1978 constitution reflected this stance, it also was the product of
compromise with the political right, which preferred that Spain remain a highly centralized state.
The result was a unique system of regional autonomy, known as the “state of the autonomies.”

Article 2 of the constitution both recognizes the right of the “regions and nationalities” to
autonomy and declares “the indissoluble unity of the Spanish nation.” Title VIII states that
“Adjoining provinces with common historic, cultural and economic characteristics, the islands and
the provinces with a historical regional identity” are permitted to form autonomous communities.

The constitution classifies the possible autonomous communities into two groups, each of which
has a different route to recognition and a different level of power and responsibility. The three
regions that had voted for a statute of autonomy in the past—Catalonia, the Basque provinces, and
Galicia—were designated “historic nationalities” and permitted to attain autonomy through a rapid
and simplified process. Catalonia and the Basque Country had their statutes approved in
December 1979 and Galicia in April 1981. The other regions were required to take a slower route,
although Andalusia was designated as an exception to this general rule. It was not a “historic
nationality,” but there was much evidence, including mass demonstrations, of significant popular
support for autonomy. As a result, a special, quicker process was created for it.

By May 1983 the entire country had been divided into 17 comunidades autónomas (autonomous
communities): the Basque Country, Catalonia, Galicia, Andalusia, Asturias, Aragon, Balearic
Islands, Canary Islands, Cantabria, Castile and León, Castile-La Mancha, Extremadura, Navarra,
La Rioja, and the regions of Madrid, Murcia, and Valencia. In 1995 two autonomous cities, Ceuta
and Melilla, were added.

The basic political institutions of each community are similar to those of the country as a whole.
Each has a unicameral legislature elected by universal adult suffrage and an executive consisting
of a president and a Council of Government responsible to that legislature.

The powers (competencias) to be exercised by the regional governments are also stated in the
constitution and in the regional statute of autonomy. However, there were differences between the
“historic nationalities” and the other communities in the extent of the powers that were initially
granted to them. For the first five years of their existence, those communities that had attained
autonomy by the slow route could assume only limited responsibilities. Nevertheless, they had
control over the organization of institutions, urban planning, public works, housing, environmental
protection, cultural affairs, sports and leisure, tourism, health and social welfare, and the
cultivation of the regional language (where there was one). After five years these regions could
accede to full autonomy, but the meaning of “full autonomy” was not clearly defined. The transfer
of powers to the autonomous governments has been determined in an ongoing process of
negotiation between the individual communities and the central government that has given rise to
repeated disputes. The communities, especially Catalonia and Andalusia, have argued that the
central government has dragged its feet in ceding powers and in clarifying financial arrangements.
In 2005 the Cortes granted greater autonomy to Catalonia, declaring the region a nation in 2006.
By the beginning of the 21st century, the Spanish state had yet to achieve a form of regional
government that was wholly acceptable to all its communities, but, whenever that happens, it will
almost inevitably be an asymmetrical form in which the range of powers held by the regional
governments will vary widely from one community to another.

Local government

There are two further levels of government below the national and regional—provincias and
municipios (provinces and municipalities). Their powers and responsibilities are set out in the
Basic Law on Local Government (1985).

The provinces, in existence since 1833, originally served as transmission belts for the policies of
the central government. Although they still perform this function, the provinces now also bring
together and are dependent on the governments of the municipalities.

There are more than 8,000 municipal governments (ayuntamientos). Each has a council, a
commission (a kind of cabinet), and a mayor (alcalde). Municipal councillors are elected by
universal adult suffrage through a system of proportional representation. As in elections to the
national parliament, votes are cast for party lists, not for individual candidates.

Municipal governments may pass specific local regulations so long as they conform to legislation
of the national or regional parliament. While municipal governments receive funds from the
central government and the regions, they can also levy their own taxes; in contrast, provincial
governments cannot.

A provincial council (Diputación Provincial) is responsible for ensuring that municipalities

cooperate with one another at the provincial level. The main function of these councils is to
provide a range of services not available to the smaller municipalities and to develop a
provincewide plan for municipal works and services. There are no provincial councils in the
autonomous regions that comprise one province (Asturias, Navarra, La Rioja, Cantabria, Madrid,
and Murcia). In the Basque Country, provincial councils are elected directly by universal adult
suffrage. The islands, too, choose their corporate body by direct election; each of the seven main
Canary Islands and the main Balearic Islands elect island councils (Cabildo Insular and Consell
Insular, respectively).

Justice

The judicial system, known as the poder judicial, is independent of the legislative and executive
branches of government. It is governed by the General Council, which comprises lawyers and
judges.

There are a number of different levels and types of courts. At the apex of the system is the
Supreme Court, the country’s highest tribunal, which comprises five chambers. The National
Court (Audiencia Nacional) has jurisdiction throughout Spain and is composed of three chambers
(criminal, administrative, and labour). Each autonomous community has its own high court of
justice (Tribunal Superior de Justica), and all the provinces have high courts called the audiencias
that try criminal cases. Below these are courts of first instance, courts of judicial proceedings
(which do not pass sentences), penal courts, and municipal courts. Created by law in 1981 and
reporting to the Cortes, the ombudsman (defensor del pueblo) defends citizens’ rights and
monitors the activities of all branches of government.

The Constitutional Court (Tribunal Constitucional), which is not part of the judiciary, is
responsible for interpreting the constitution and the constitutionality of laws and for settling
disputes between central and regional powers regarding constitutional affairs. The Constitutional
Court is composed of 12 members who are formally appointed by the monarch after being elected
by three-fifths of both the Congress of Deputies and the Senate (four members each) and by the
executive and the General Council (two members each).

Political process

Voting is open to all citizens age 18 years or older. For elections to the Congress of Deputies, held
every four years, each of the 50 provinces serves as an electoral district, with the number of
deputies representing it determined by its population. Under a proportional representation electoral
system governed by the d’Hondt formula, ballots are cast for a provincewide party list rather than
for candidates representing individual constituencies. This formula favours large parties and less-
populated areas.

About four-fifths of the members of the Senate are directly elected via a plurality system at the
provincial level. Each province is entitled to four representatives; voters cast ballots for three
candidates, and those with the most votes are elected. Because representation is not based upon
population, in the Senate smaller and more-rural provinces generally are overrepresented in
relation to their overall population. The remainder of the senators are appointed by the regional
legislatures. For elections to the European Parliament, held every five years, and local elections,
residents who are citizens of other EU countries are eligible to participate. Spain is among the
countries with the highest proportion of women members of parliament, with women generally
constituting about three-tenths of the Chamber of Deputies and about one-fourth of the Senate.

Electoral participation declined markedly after the initial enthusiasm of the transition to
democracy, and by the early 1980s political commentators spoke of a desencanto
(disenchantment) with the political system. Indeed, although support for democracy remained
solid, the voting abstention rate increased throughout the 1980s, especially in local and regional
elections. The trend was reversed in the 1990s, when about four-fifths of the electorate voted in
national elections; however, in 2000 nearly one-third of the electorate abstained. Voter
participation increased again in 2004, when about three-fourths of the electorate voted, only
slightly greater than the heavy turnout for the 2008 election.

The constitution recognizes political parties as “the major instruments of political participation.”
The Law of Political Parties (1978) provided them with public funding based on the number of
seats they held in parliament and the number of votes received.