# Part 04: Government and Public Administration **Articles: 97-123** ## Core Idea The Government directs domestic and foreign policy, civil and military administration, and defense of the State. It exercises executive power and political leadership under the direction of the President of the Government. ## Frameworks Introduced - **Government Structure**: President, Vice-Presidents (if any), and Ministers - **Formation Process**: King nominates candidate, Congress invests President, King appoints Government - **Responsibility**: Government is collectively responsible to Congress ## Key Concepts - **Executive Power**: Directed by Government (Art. 97) - **President Election**: Absolute majority in first ballot, simple majority in subsequent ballots (Art. 99) - **Ministerial Appointment**: President appoints and dismisses Ministers (Art. 100) - **Motion of Censure**: Congress can remove President with constructive vote (absolute majority for alternative candidate) (Art. 113-114) - **Decree-Laws**: Emergency legislation by Government, subject to Congressional validation (Art. 86) - **Legislative Delegation**: Cortes may delegate law-making power to Government (Art. 82-85) ## Mental Models - Use **constructive no-confidence** — removing a President requires electing a replacement - Think of **executive-legislative balance** — Government directs but Congress controls - Apply **emergency powers cautiously** — decree-laws are exceptional, not routine ## Anti-patterns - **Minority government without support**: President needs Congressional confidence - **Abuse of decree-laws**: Using emergency powers for ordinary legislation ## Key Takeaways 1. Government is the executive branch with political direction 2. President has primus inter pares role among Ministers 3. Congress controls Government through investiture and censure motions 4. Decree-laws provide emergency legislative capacity 5. Government is accountable to Parliament, not to the King ## Connects To - **Part 02**: Government countersigns royal acts - **Part 03**: Government is accountable to Cortes - **Part 05**: Legislative relations between Government and Cortes