SPAIN´S CONSTITUTIONS
a) Form of government and head of the state.
- In the constitution of 1931 The President of the Republic was the head of the state. The President of the Council and the Ministers constitute the government. The President of the Republic was a representative figure almost without any effective power.
The President of the Council of Ministers needed the double confidence of the President of the Republic and of the Courts in order to govern.
It was appointed by the President of the Republic written and explained in article 75 of this same constitution, it was to obtain the approval of the courts.
The President of the Republic "is the head of the state and embodies the nation". "He shall be jointly elected by the courts and a number of Commissioners equal to that of deputies"
- In the constitution of 1978 the King is the head of state, symbol of his unity and permanence, arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Spanish State in international relations, and exercises the functions attributed expressly to it by the Constitution and the laws.
- The Government, whose president is invested by the Congress of Deputies, directs the executive power, including the public administration. The members of the Government are appointed by the President and, together with him, compose the Council of Ministers. According to Article 97 of the Constitution and Article 1.1 of the Government Act, "the Government directs domestic and foreign policy, the civil and military administration and the defense of the State. It exercises the executive function and the regulatory regulation according to the Constitution and the laws".
b) Form of sovereignty.
- 1931: the belief of the Republic in democracy and the citizen will is already manifested since the election of the head of State – the President of the Republic –, subject to the principle of popular sovereignty which presides from beginning to end the Republican text.
- 1978: a constitution which is claimed democratically and based on the principle of national sovereignty, but which then submits the head of State to the laws of genetics. It leaves out the popular will a question as important and symbolic as the election of the head of State. Contempt for democracy is so great that the king has never even come to swear the Constitution (and yes, twice, the fundamental laws of Franco).
c) Symbols of the state.
- 1931: Flag of the Second Republic; the Tricolor flag (red, yellow and purple) was the national flag during the second Spanish Republic, between 1931 and 1939. This decree was written in the Article 2.
Watering Hymn: Nineteenth military march inspired by the traditional military hymns with an accent to the pasodoble and the "Marseillaise" of reference at that time; Composed by José Melchor Gomis dedicated to the Lieutenant Colonel Rafael de Riego.
- 1978: The flag of Spain is made up of three horizontal strips, red, yellow and red, being the central double width that each of the sides as laid down in Article 4.1
- The Hymn of Spain is the March Granadera or royal March of Spain. This melody has served as an uninterrupted national anthem since the 18th century; With the exception of the historical period of the Second Republic
-The coat of arms represents the state in the same way as the flag. Shield and Flag originally coincided in a banner and represented a monarch, a dynasty or possessions as kingdoms, seigniories, etc.
d) Relationship between the state and the regions.
- 1931: The Statute had been elaborated according to a federal conception as could be seen in article 1 which defined Catalonia as "an autonomous state within the Spanish Republic". The Statute of autonomy that included Vizcaya, Guipúzcoa, Álava and Navarra, and which was rejected by the left by its clerical character Ultramontane. The Commission's proposal was not the Federal Republic, but what its president called the "Integral State".Thus in the third subparagraph of article 1 it was said:
The Republic constitutes an integral state, compatible with the autonomy of the municipalities and the Regions
- 1978: In the exercise of the right to autonomy recognised in article 2 of the Constitution, the provinces bordering on common historical, cultural and economic characteristics, island Territories and provinces with a historical regional entity may To accede to its self-government and to constitute itself in autonomous communities in accordance with the provisions of this title and in the respective statutes. http://www.congreso.es/consti/constitucion/indice/titulos/articulos.jsp?ini=143&fin=158&tipo=2
Articles 146-158. In these URL explains all the regimes and legislations of the regimes.
e) Official language/s.
- 1931: Castilian was imposed as official language of the Republic but they approved that the autonomous regions could organize the teaching in their respective languages, according to the faculties that are granted in their statutes. The study of the Spanish language was compulsory, and it would also be used as a teaching tool. Article 4 y 50.
- 1978: Castilian is the official Spanish language of the state. All Spaniards have a duty to know it and the right to use it. The other Spanish languages will also be official in the respective autonomous Communities in accordance with their statutes. Article 3.
f) Relationship with the catholic church.
- 1931: The solution given to the "religious question" responded to "a Free church in a Free State", so in article 8 after establishing the separation of the church and the State a special status was recognized to the Catholic Church as "Law Corporation public. "
- 1978: After being the hierarchy of the Catholic Church one of the basic pillars of the dictatorship, the Constitution born of the transition consecrated the principle of Aconfesionalidad of the state. This was a formula designed for the Catholic Church to have a preferential relationship with the public authorities, as manifested in the fact that the state – that is, all Catholics and non-Catholics – finances its activities.The Constitution maintains the economic, fiscal and legal privileges of the Catholic Church. Article 16.
g) Political organization: Courts and separation of powers.
- 1931: Legislative authority resides in the people who exercise it through the courts or Congress of Deputies Article 51
- 1978: The General Courts represent the Spanish people and are formed by the Congress of Deputies and the Senate. Articles 66-96.
h) Territorial organization.
- 1931: Maciá elaborated the statute according to a federal conception as could be seen in article 1 that defined Catalonia as "an autonomous state within the Spanish Republic". The Commission's proposal was not the Federal Republic, but what its president called the "Integral State. Thus in the third subparagraph of article 1 it was said: The Republic constitutes an integral state, compatible with the autonomy of the municipalities and the Regions
- 1978: The Spanish constitution of 1978 does not establish a finished territorial model, but configures what Jesus Leguina Villa called "Unitary State regionalized".The Spanish territory is divided into seventeen autonomous communities. Each Autonomous community has a regional government, a legislative regional assembly and a statute of autonomy. The Spanish constitution of 1978 did not determine what the autonomous communities should be, but it established a series of procedures for the formation of the same ones from the Spanish provinces. Between 1979 and 1983 the seventeen Autonomous communities were constituted. Article 137-158. http://www.congreso.es/consti/constitucion/indice/titulos/articulos.jsp?ini=137&fin=158&tipo=2 Here is a more extense explanation of each province and rights.
i) Rights and duties.
- 1931: Title III. Rights and duties of the Spaniards as "the dogmatic part of the constitution" which he considered "as important or more than organic". And then highlighted the two novelties that he thought presented the project: that "enlarges rights" because not only collects individual rights but also "the rights of collective entities" and second place that is not limited to enumerating the rights But "we give them safe assurances"All this to "give citizens guarantees against attacks of the executive power"
- 1978: The dignity of the person, the inviolable rights inherent to him, the free development of personality, respect for the law and the rights of others are the basis of political order and social peace.
The rules on fundamental rights and freedoms which the Constitution recognizes shall be interpreted in accordance with the Universal Declaration of Human Rights and international treaties and agreements on the same matters ratified For Spain. Articles 10 to 55
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