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The Spanish Constitutional Process.

  1. CONSTITUTION 1812.- (March 19th)
    Subject of sovereignty (S.S.): Nation
    Ideological Character (I.C.):  Progressive
    Relations between powers (R.B.P.): Recognizes separation of powers
    Character as regards amendmend (C.R.A.): very rigid
    Constitution framed by (C.F.): Constituent Cortes
    Political situation (P.S.): Liberal constitutional period
    Period of force (P.F.): 5/6 years (not consecutive)
  1. CONSTITUTION 1837.- (June 18th)
    S.S.: Nation
    I.C.: Progressive
    R.B.P.: Recognizes separation of powers
    C.R.A.: Flexible
    C.F.: Constituent Cortes
    P.S. Reign of Queen Isabella
    P.F.: 8 years
  1. CONSTITUTION 1845.- (March 23rd)
    S.S.: King and Cortes
    I.C. Conservative
    R.B.P.: No separation of powers
    C.R.A.: Flexible
    C.F.: Amendment Constitution of 1837
    P.S.: Carlist Wars
    P.F.: 24 years
  1. CONSTITUTION 1869.- (June 1st)
    S.S.: Nation
    I.C.: Progressive
    R.B.P.: Recognizes separation of powers
    C.R.A.: Rigid
    C.F.: Constituent Cortes
    P.S.: Liberal revolution
    P.F.: 4 years
  1. CONSTITUTION 1876.- (June 30th)
    S.S.: King and Cortes
    I.C.: Conservative
    R.B.P.: No recognition of separation of powers
    C.R.A.: Flexible
    C.F.: Constituent Cortes
    P.S.: Bourbon Restoration
    P.F.: 47 years
  1. CONSTITUTION 1931.- (December 9th)
    S.S.: People
    I.C.: Progressive
    R.B.P. Co-operation of powers
    C.R.A.: Rigid
    C.F.: Constituent Cortes
    P.S.: Second Republic
    P.F.: 8 years
  1. FUNDAMENTAL LAWS.- (1936-67)
    S.S.: Indeterminate: Head of State (practice); Nation (theory)
    I.C.: Conservative
    R.B.P.: Unity of Power
    C.R.A. Very rigid
    C.F.: General Franco
    P.S.: Dictatorship of General Franco
    P.F.: 37 years

    Fundamental Laws: 1) Labour Charter (9-3-38)
                      2) Law of the Constitution of the Cortes (17-7-42)
                      3) Referendum Law (22-10-45)
                      4) Law on Succession to the Headship of State (26-7-46)
                      5) Law on Principles of National Movement (17-5-58)
                      6) Organic Law of State (1-1-67)
  1. CONSTITUTION 1978.- (December 27th)
    Subject of Sovereignty: People
    Ideological Character: Progressive
    Relation between powers: Co-operation of powers
    Character as regards amendment: Rigid
    Constitution framed by: Constituent Cortes
    Political Situation: Reign of King Juan Carlos I

The most important achievement of the Constitution of 1978 is that it has contributed to solving the historic problems which for over a century clouded the community life of the Spanish people. The establishment of the new State of Regional Autonomy, the regulation of the role of the Crown and the de-establishment of the Church, have thus become essential elements to channel by peaceful means conflicts which had hitherto been endemic.

For the purpose of incorporating into the Spanish legal order the rules on the right of passive suffrage in municipal elections for European Community citizens living in Spain, on July 22nd 1992, the Congress of Deputies approved an amendment to Article 13.2 of the Spanish Constitution, as a first step towards the future shaping of European citizenship arising from the ratification by Spain of the Treaty on European Union. This amendment was passed by the Senate on July 30th 1992 and received the royal assent from H.M. King Juan Carlos on August 27th of the same year.

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