THE SPANISH

CONSTITUTION Unit 7

LESSON 1. HOW CAN WE

ORGANIZE DEMOCRATIC LIFE?

1. 1. Spanish legal

order

• The democratic legal system is

the set of rules drawn up by

political power, which organize

coexistence in a democracy.

1. 3. The legal system as a

system of rights and duties

• There are no rights without duties and duties without

rights. Rights and responsibilities are mutually generated.

The rights of some are duties and responsibilities of

others and vice versa. When we acquire the right to

assume obligations, is when we contract an obligation.

1.4. What is a

Constitution?

• It is the highest ranking law; the entire legal base of a

democratic state of law are built on it.

LESSON 2. ESSENTIAL ASPECTS

OF THE SPANISH

CONSTITUTION

2.1. The greatest success of

Spanish Constitution (1978)

• The merit of our Constitution

is that it represents a large

majority of citizens.

2.2. Preamble and Preliminary

Section of the Constitution

• Preamble:

• To guarantee democratic coexistence under a correct economic and social order.

• To consolidate a Democratic State of Law to ensure that law is the greatest expression of the popular will.

• To protect Human Rights, cultures, traditions, languages and institutions of all the Spanish people.

• To promote the progress of culture and economy to ensure a dignified quality of life.

• Establish an advanced democratic society.

• To collaborate in the strengthening of peaceful relationships and effective cooperation among all people on Earth.

• Article I.

• Spain is constituted as a Social and Democratic State of Law,

which considers as superior values of its legal order

(ordenamiento jurídico), to be freedom, justice, equality and

political pluralism.

• National sovereignty belongs to the Spanish people. The powers

of State are emanated by them.

• The political form of the Spanish State is the Parliamentary

Monarchy.

• Article II.

• The Constitution is based on the indissoluble unity of the

Spanish Nation, the common and indivisible homeland of

the Spanish people, and recognizes and guarantees the right

to the autonomy of the nationalities and regions that

compose and the solidarity among them.

LESSON 3. CONSTITUTIONAL

VALUES

• According to the Constitution, nobody can be deprived of his liberty except in accordance with law.

• Freedom must be compatible with equality, avoiding any kind of discrimination.

• Solidarity is effective thanks to the contribution of all citizens to public expenditure according to their economic capacity, through a progressive and egalitarian tax system. In addition, a public Social Security should protect the weakest.

• Citizens have the right to participate in public issues, directly or through representatives freely elected in periodic elections by universal suffrage.

• Justice is the value that harmonizes all other values and determines their application in specific situations.

Take a look!

• http://en.wikipedia.org/wiki/Spanish_Constitution_of_19

78

• http://www.congreso.es/portal/page/portal/Congreso/Con

greso/Hist_Normas/Norm/const_espa_texto_ingles_0.pdf

• http://www.tribunalconstitucional.es/en/constitucion/Page

s/ConstitucionIngles.aspx

• http://www.donquijote.org/culture/spain/history/constituti

on.asp