# Glossary - Constitution of Spain (1978)

**Aconfessional State** — State that does not have an official religion; no religion has state character (Article 16.3)

**Amendment (Constitutional)** — Process for changing the Constitution through ordinary or aggravated procedure (Articles 166-169)

**Autonomous Communities** — Territorial entities with legislative and executive powers, recognized by Constitution (Articles 143-158)

**Autonomy** — Right of nationalities and regions to self-government within the indivisible Spanish Nation (Article 2)

**Bicameral Parliament** — Parliament composed of two chambers: Congress of Deputies + Senate (Article 66)

**Castilian** — Official language of the Spanish State throughout Spain (Article 3.1)

**Censorship** — Prohibited; no prior censorship of media or communications (Article 20)

**Consejo General del Poder Judicial (CGPJ)** — General Council of the Judiciary; governing body of Spanish judiciary (Articles 122-124)

**Congress of Deputies** — Lower house of Cortes Generales, directly elected by universal suffrage (Articles 68-79)

**Constitutional Complaint** — Mechanism allowing citizens to challenge violations of fundamental rights before Constitutional Court (Article 161.1.b)

**Constitutional Court (Tribunal Constitucional)** — Supreme interpreter of Constitution, guarantees constitutional supremacy (Articles 159-165)

**Constitutional Review** — Examination by Constitutional Court of laws and acts for conformity with Constitution (Articles 161-163)

**Cortes Generales** — Spanish Parliament, composed of Congress of Deputies and Senate (Article 66)

**Counter-signature** — Requirement that royal acts be signed by President of Government and competent Ministers (Article 64)

**Death Penalty** — Abolished in Spain, except as provided by military criminal law in times of war (Article 15)

**Decree-Laws** — Provisional legislative measures issued by Government in extraordinary and urgent cases, must be validated by Congress (Article 86)

**Democracy** — Political system where power emanates from the people, exercised through elected representatives (Article 1.2)

**Direct Democracy** — Citizens participate directly through referendum (Article 92) and popular initiative for laws (Article 87.3)

**Due Process** — Right to fair procedure, including information of charges and reasons for detention (Article 17.3, 24)

**Environment** — Right to enjoy environment suitable for personal development; State must protect and promote rational use of natural resources (Article 45)

**Equality** — Spaniards are equal before the law; no discrimination on any grounds (Article 14)

**Eternity Clause (Implicit)** — Fundamental rights and Crown provisions require aggravated amendment procedure (Article 168)

**Freedom of Assembly** — Right to assemble peacefully and without arms; prior notification required for public places (Article 21)

**Freedom of Association** — Right to associate for lawful purposes; secret and paramilitary associations prohibited (Article 22)

**Freedom of Expression** — Right to freely express and disseminate thoughts, ideas, and opinions (Article 20.1.a)

**Freedom of Information** — Right to freely communicate or receive truthful information by any means (Article 20.1.d)

**Freedom of Religion** — Freedom of ideology, religion, and worship; no state religion (Article 16)

**Freedom of Residence and Movement** — Right to freely choose place of residence and move throughout national territory (Article 19)

**General Interest** — Principle that all wealth and economic activity is subject to the general interest (Article 128.1)

**Government** — Executive body composed of President, Vice-Presidents, and Ministers (Article 97)

**Habeas Corpus** — Right to be brought before a judge to determine lawfulness of detention; regulated by organic act (Article 17.4)

**Head of State** — King, as symbol of State unity and permanence (Article 56.1)

**Head of Government** — President of the Government, directs domestic and foreign policy (Article 98)

**Inviolability (Royal)** — King's person is inviolable and cannot be held accountable (Article 56.3)

**Judicial Independence** — Judges and magistrates are independent, impartial, and subject only to the rule of law (Article 117.1)

**Judicial Unity** — Judicial power is exercised by courts and tribunals established by law, with Supreme Court as highest body (except constitutional) (Article 123)

**King (Rey)** — Head of State in Spanish parliamentary monarchy (Article 56)

**Legislative Delegation** — Cortes may delegate to Government power to issue norms with force of law on specific matters for limited time (Articles 82-85)

**Madrileño** — Pertaining to Madrid, the capital of Spain (Article 4)

**Military Justice** — Military courts have jurisdiction only over military offenses committed by military personnel (Article 117.4)

**Motion of Censure** — Constructive mechanism by which Congress can remove Government; must propose alternative candidate, requires absolute majority (Article 113-114)

**Municipalities (Municipios)** — Local entities with full legal personality, manage their own interests (Article 140)

**Nationalities** — Nationalities within Spain (e.g., Catalonia, Basque Country, Galicia) have right to autonomy (Article 2)

**Organic Act (Ley Orgánica)** — Special category of law for fundamental rights, Statutes of Autonomy, electoral system; requires absolute majority in final vote (Article 81)

**Parliamentary Monarchy** — Political form of the Spanish State, with King as Head of State and Government responsible to Parliament (Article 1.3)

**Pluralism (Political)** — Political pluralism is a superior value; political parties express this pluralism (Articles 1.1, 6)

**Popular Sovereignty** — National sovereignty belongs to the Spanish people, from whom all State powers emanate (Article 1.2)

**President of the Government** — Head of Government, appointed by King after obtaining confidence of Congress (Articles 99-101)

**Privacy** — Right to honor, personal and family privacy, and own image; home is inviolable; secrecy of communications guaranteed (Article 18)

**Property (Private)** — Right to private property and inheritance; limited by social function; expropriation only for public utility or social interest with compensation (Article 33)

**Provinces (Provincias)** — Local entities with legal personality, grouping of municipalities (Article 141)

**Referendum** — Popular vote on constitutional matters or important political decisions (Articles 92, 167-168)

**Regency** — Temporary exercise of royal functions when King is minor or disabled (Articles 59-60)

**Rule of Law (Estado de Derecho)** — Principle that citizens and public powers are subject to the Constitution and law (Article 9.1)

**Senate (Senado)** — Upper house of Cortes Generales, represents territorial interests (Articles 69-79)

**Social and Democratic State** — Spain is constituted as a social State (promotes welfare) and democratic State (popular sovereignty) under the rule of law (Article 1.1)

**Social Function** — Principle that property rights are limited by their social function (Article 33.2)

**Solidarity** — Obligation of solidarity among all Spanish territories (Article 2)

**Statutes of Autonomy (Estatutos de Autonomía)** — Fundamental institutional norm of each Autonomous Community, approved by organic act (Article 147)

**Subsidiarity (Implicit)** — Principle that competencies should be exercised at the most local level possible

**Supreme Court (Tribunal Supremo)** — Highest judicial body in all orders except constitutional guarantees (Article 123.1)

**Torture** — Prohibited; no one may be subjected to torture or inhuman or degrading punishment or treatment (Article 15)

**Universal Suffrage** — Right to vote in periodic elections by universal, free, equal, direct, and secret suffrage (Article 23)

**Work (Right and Duty)** — All Spaniards have the duty to work and the right to work; free choice of profession (Article 35)