The modern
political system of Spain reflects the political trends and social attitudes of
Spain and its turbulent past. Having
transgressed through periods of pseudo-democracy, civil war, and nearly forty
years of a dictatorial regime, Spain has emerged as a modern democracy, with
political institutions similar to its fellow European nations.
The modern
political system of Spain cannot properly be understood without some knowledge
of its past. Spain has been a
predominantly Catholic country for hundreds of years, with many close links
between the monarchy, the central government, and the Catholic church. The Second Republic, established in 1931
after King Alfonso XIII became a voluntary exile, attempted to create a
separation between church and state, which was protested by much of the Spanish
population. Five years of struggle
between Republicans and Conservative Nationalists finally culminated in the
eruption of civil war in 1936, when Nationalist leader José Calvo Sotelo was
assassinated, which "was the signal for armed rebellion in Spain against
the Republican Government" (Smith, 454).
Raging on for three years, the Nationalists, under the leadership of
General Francisco Franco, and supported by Germany and Italy, finally defeated
the Republicans, dissolved the Second Republic, and declared the war over in
April of 1939.
Thus began the
dictatorial regime of Francisco Franco, which would last until his death in
1975. Franco set aside the Spanish
Constitution of 1931, which had governed the Second Republic, and many of the
reforms which had come with it. The
Catholic church once more had a close involvement in the state, and the Cortes
(Parliament) of the Second Republic "was to be no more than a rubber-stamp
Parliament to which the executive was not accountable" (Donaghy and
Newton, 2). In the early 1960's, some
small democratic measures were instituted, in an attempt to gain favor with the
rest of Europe. Franco saw opportunity
in an association with a united Europe, and thus loosened his grip a bit. The Spanish economy flourished through the
sixties as a result of the economic growth of the surrounding European countries,
and due to Spain's increase in tourism revenues. However, the central government remained strong, and the citizens
held less rights, until Franco's death in 1975. 1975 also saw the restoration of the monarchy in the form of King
Juan Carlos I. The Political Reform Law
allowed for the first truly democratic elections in Spain since Franco's regime
began to be held in 1977. Aldolfo
Suárez and his party, the UCD (Union of the Democratic Center) won the majority
of votes. 1977 also saw Spain's admittance
into the Council of Europe. The new
Cortes set about drafting a new constitution for modern Spain, which would
bring Spain up to the standards of modern democracy. The Constitution of 1978 was approved by an overwhelming majority
of both houses of Parliament, and in a national referendum.
The Spanish
Constitution sets up personal liberties for citizens, and outlines the roles
and regulations of Spain's Parliament, Government, and Judicial systems. 169 Articles long, the Spanish Constitution
starts out by outlining the basic rights of Spaniards, including the right to
equality regardless of race, sex, or religion (Article 14), the right to life
(Article 15, which also abolishes the death penalty), the right to privacy
(Article 18), the rights to assembly and association (Articles 21 and 22,
respectively), and the right to education (Article 27). Though these rights are all generally
included in modern democratic constitutions, they are usually combined in single
articles (such as the U.S. 1st Amendment, guaranteeing the rights to assembly,
association, and free expression of religion).
As opposed to the sometimes ambiguous American Bill of Rights, the
Spanish constitution clearly specifies each right, in an effort to wash away
the remnants of a long and harsh dictatorship.
The Spanish
Constitution also endeavors to address the problem of the overwhelming
influence Catholicism has historically had on Spain. Article 16 States that:
1.)
Freedom of ideology, religion, and cult of individuals and
communities
is guaranteed without any limitation in their
demonstrations
other than that which is necessary for the
maintenance
of public order protected by law.
2.) No
one may be obliged to make a declaration on his
ideology,
religion, or beliefs.
3.) No
religion shall have a state character.
The public
powers
shall take into account the religious beliefs of
Spanish
society and maintain the appropriate relations of
cooperation,
with the Catholic Church and other
denominations
(Internet 1).
With this article,
free practice of religion is guaranteed, yet the influence of the Catholic
Church will still exist in some small, unofficial respects. Thus, the citizens who feel strong
traditional ties with Catholicism will not feel cut off from their tradition,
as many did during the Second Republic.
The compromise provided for in the modern Spanish Constitution lends
stability which the Second Republic sorely lacked.
The Constitution
reaffirmed the roles and duties of the Spanish Parliament, or Cortes. The Cortes has two chambers; the Cámara
Baja, which is the lower house, the Congreso de los Diputados (Congress of
Deputies), and the Cámara Alta, which is the upper house, or Senado (Senate). When operating together, they are referred
to as the Cortes Generales.
Similar to Great
Britain's lower house (the House of Commons), the Congreso has more legislative
power then the upper house. Article 68
of the Spanish Constitution sets a minimum of 300 and a maximum of 400 Diputados,
or members. There are currently 350
Diputados, which is the ideal number.
The Diputados are elected by a proportional representation system, where
citizens vote for a political party.
The distribution of seats in the Congreso exists on a provincial level,
where the seats are divided amongst the 52 provinces of Spain. After four years of service, new elections
are called.
Though both Cámaras
have legislative powers, the Congreso has certain powers not granted to the
Senado. The President of the Congreso,
along with the presiding council, is charged with planning the legislative
agenda, working in conjunction with the President of the Senado. He also must countersign the decree which
calls for new elections, and provides a conduit through which the king proposes
a candidate to be Prime Minister. More
importantly, the Congreso must approve the Prime Minister by a vote of
investiture before he is sworn in by the king.
The Congreso also has the authority to accuse the Prime Minister of
treasonable offenses, and can propose a motion of censure, which, if passed,
removes the Prime Minister and replaces him with the opposition's candidate for
Prime Minister.
The Senado is
elected in a first-past-the-post system, with each of 52 Spanish provinces
electing four Senadores. Senadores can
also be designated by regional legislatures, and there are currently 40 such
Senadores, making a total of 248 current members of the Senado. The Senado is designed to represent the
interests of the 17 autonomous regions of Spain, created by the Constitution of
1978. The only power exclusively
reserved for the Senate is granted in Article 155, which gives the Senado the
power to force the government of an autonomous region to fulfill its
obligations to the people.
The Cortes as a
whole has the authority to ask the constitutional court to review treaties,
making sure they are in line with the Constitution. Also, the Cortes may pass constitutional reform bills, which
requires a three-fifths majority in each Cámara. In either House, one-tenth of the members may request that such a
bill be submitted to referendum. The
Cortes is also responsible for drafting legislation for the autonomous regions,
and also allocates government funds to these regions.
The government of
Spain, like that of France and Great Britain, is drawn from the Parliament.
However, unlike Great Britain, the Prime Minister is not automatically elected
with the majority political party. As
set down in Article 99, representatives of the main parties in the Cortes meet
with the king, and recommend a candidate for premiership. The king will then technically be the one to
propose the candidate, but in actuality has little to no input into who the
candidate is. The candidate presents
his program to the Congreso, and by a vote of investiture either support or
reject the candidate. Should he be
rejected, the king must propose another candidate. After two months, if no candidate has been voted in, the king
must dissolve the Cortes and call for new elections; however, he must have the
concurrence of the President of the Congreso.
As is often the
case with modern Spain, this policy is important in maintaining the stability
of the political system. The king in
most respects is simply a figure-head, who serves to connect the modern
democratic system with the tradition of the monarchy. Yet, should a situation arise where political strife in the
Cortes prevents the appointment of a Prime Minister, the true head of state,
the king has the authority to remedy the situation through a somewhat drastic
course of action. This keeps the Cortes
in check, and ensures that Spain will not remain leaderless long enough for
another coup to take place. Yet, as the
king must first have the agreement, the king is not held responsible for his
actions in such an instance.
The Prime Minister
is the chief administrator of the Government.
Though the king symbolically appoints and dismisses the other members of
the Government (the Deputy Prime Minister and other ministers), they are chosen
by the Prime Minister. The Prime
Minister also chooses the Presidents of the Congreso and Senado, and the
government delegates to each of the 17 autonomous states. The Prime Minister can propose the
dissolution of either or both Houses of the Cortes (though, again, the king
technically dissolves them). He can
also propose a referendum on issues which have a great importance to the
general population. Most importantly,
he can request from the Congreso a vote of confidence. If a simple majority is not achieved,
generally there will be a dissolution of both Houses, and new elections will be
called. This is to prevent a gridlocked
system, with the Cortes and the Government in opposing views, which Spaniards
fear could lead to a second civil war.
The Deputy Prime
Minister is chosen by the Prime Minister, and basically is delegated whatever
powers the Prime Minister chooses to give to him. A Deputy Prime Minister is not even required; his most important
role is to replace the Prime Minister should he die or be too ill to perform in
his duties, and then only until a new Prime Minister was approved by the
Congreso. There can be more than one
Deputy Prime Minister. There are
currently two; the Minister of Economy & Finance, and the Minister of the
Presidency.
The Ministers of
the Government are responsible to the Prime Minister, and fulfill executive,
legislative, and judicial duties. They
are expected to appoint civil servants to positions in their ministries, draft
laws which will be submitted to the Cortes for approval, and to resolve
conflicts in their respective departments.
In need of a high
court to interpret the Constitution, the Constitution provides for a
Constitutional Court, similar to the one in France. It is comprised of twelve members, who serve for nine year terms. Four are chosen by each House of the Cortes,
two are chosen by the Government, and two by a general judiciary council. All must be lawyers, and have at least
fifteen years of experience practicing law.
They are charged with the duties of hearing cases where citizens have
complaints against unconstitutional laws imposed either at the provincial,
autonomous state, or federal level, and must decide the constitutionality of
such laws.
Spain is unique in
that it not only has a central government and provinces (like the U.S.'s
federal government and state governments), but also has 17 autonomous regions,
each with their own government.
Historically, particular regions of Spain felt a desire for independence,
having traditions and, in some cases, even strongly different variations in
languages. In Great Britain, the Scots
and Welsh have historically held feelings of stark independence, and devolution
acts are the current proposed remedy for that situation. In Spain, the Basques of País Vasco, and the
Catalans of Cataluña have had similar stirrings of fierce independence. Encouraged by a long tradition of such
feelings, which are common in many other regions of Spain, and in an attempt to
quell any possible uprisings, the Constitution establishes provisions for
autonomous regions throughout Spain.
These regions each have their own president, government, regional
assembly, and even a high court.
The President of
the autonomous region is the representative of his region, and is in charge of
administrative and executive duties similar to those of the Prime Minister,
except at a regional level. He also
appoints the ministers of the regional Government, who's duties mirror those of
the Central Government of Spain. The
regional assembly for each autonomous region is almost exactly the same as the
Congreso of the Cortes, with similar roles and duties applying to the
particular region.
The autonomous
communities are granted exclusive authority over certain aspects of their
regions, some of which include:
town-planning;
housing; public works; forestry; environmental
protection;
museums; libraries; cultural affairs; the regional
language
(where applicable); tourism; sport and leisure; social
welfare;
health and hygiene; and non-commercial ports and
airports
(Donaghy and Newton, 113).
The reasons for establishing autonomous regional governments is
demonstrated by this list; the regions legislate in areas which affect their
cultural history, so that they may maintain their independent identities while
remaining a part of the country of Spain.
Agriculture, however, is controlled not by the autonomous regions, but
by the Central institution. This is
because agriculture may have a widespread impact on the entire country, and
thus must be regulated on a higher overall level. This is generally the rule for most economic aspects of Spain;
where economic stability or commerce is involved, the Central government will
usually regulate.
The political
parties of Spain, like those of other European multi-party systems, vary and
adapt over time to meet the needs of the people. In the current Cortes, elected in 1996, the Partido Popular (PP),
or People's Party, holds the majority of seats, and the current Prime Minister,
José María Aznar, is also a member of the PP.
The PP is a traditionally conservative party, and stresses a need for
strong unity of the state. They feel
that the monarchy guarantees this unity, and are opposed to the separatist
views of many of the autonomous regions.
However, they assert that government intervention in the economy or
matters of education should be limited, and that such matters should be left to
the private sector. Also, they hold
traditionally conservative views concerning family issues such as divorce and
abortion.
The second major
political party in Spain today is the Partido Socialista Obrero Español (PSOE),
or the Spanish Socialist Workers' Party.
The PSOE was founded in 1879, and is the oldest party in Spain. Though some of its influence came from Karl
Marx, the policies are not strictly Marxist.
It is basically a liberal party, which, like Great Britain's Labour
Party, sprung up to support the rights of the working class. Though it was traditionally committed to the
formation of a republic in stead of a monarchy, it is now content with the
current democratic system.
The third major
party, the Izquierda Unida (IU), or United Left, was created in 1986 by the
merging of the Partido Comunista de España (PCE), or Communist Party of Spain,
and several other small left-wing parties.
A more radical party because of the influence of the PCE, the IU favors
more government involvement in economic matters, including the nationalization
of large companies, such as banks and insurance companies. The IU supports liberal divorce and abortion
laws, and has traditionally been a supporter of entry into the European Union
and the EEC.
There are also many
regional political parties which reflect the feelings of independence of the
various regions of Spain. The
Convergècia i Unió (CiU), or Catalan Convergence Party currently holds sixteen
seats in the Congreso and eight seats in the Senado. Supporting private enterprise and Catalan issues, the CiU
continues to win a sizable number of votes in a country with some sixteen
different political parties holding seats Parliamentary seats. The Partido Nacionalista Vasco (PNV), or the
Basque Nationalist Party, continues to pull in portions of the vote. With five seats in the Congreso and 4 in the
Senado, this conservative and nationalist party continues to promote the goals
and agendas of País Vasco, which include the promotion of the Basque language
and culture.
The last round of
elections in Spain took place in March of 1996, and the next ones will take
place in 2000. The PP won 38.9% of the
seats in the Cortes; the PSOE won 37.5%; and the IU won 10.6% (Internet
2). It is interesting to note that the
ideology of the current majority party, some twenty years after the
establishment of the Spanish Constitution, more closely resembles the ideology
of the Franco Regime then either of the other two large political parties. Though democracy is certainly the favored
system in modern Spain, the traditional conservative views of the people
continue to persist, and the influence of Catholicism continues to affect the
voting practices of the citizens.
Spain's turbulent
past has had a lasting effect on the political institutions of the
country. Unlike Great Britain, Spain
has never progressed at an incremental rate; it experiences drastic changes,
like it's neighbour France. Indeed, as
France fluctuated between a Republic and an Empire, Spain transgressed from
Monarchy to Republic to Dictatorship, and finally rests in a democratic
framework. Spain is lucky in that it
did not suffer such destruction under the Franco Regime as Germany did under
the Third Reich. However, its
democratic institutions have existed in their current form for a very short
period of time; as a result, Spain maintains its conservative views in the form
of its majority ruling party, the PP.
It is interesting that, in a time where most countries are leaning
towards a liberal form of government, with the U.S.'s Bill Clinton and Great
Britain's Tony Blair discussing a new "third way", that Spain should
continue to embrace traditional conservative values, and elect the conservative
party as their majority (as France has done).
As the twenty-first century approaches, it will be interesting to see if
the democratic political institutions can maintain a stability which will last
as long as Spain's former dictatorial rule.
WORKS CITED
Donaghy, Peter J. & Michael T. Newton. Spain: A Guide to
Political and Economic Institutions.
Cambridge University Press, Cambridge.
1989.
Smith, Rhea Marsh. Spain; A Modern History. University of Michigan Press, Michigan. 1965.
INTERNET SOURCES:
1.) http://www.uni-wuerzburg.de/law/sp00000_.html. International
Constitutional Law - Spain Index -
Constitution. 1999.
2.) http://www.stm.it/elections/election/spain.htm. Elections
in Spain. 1999.