The Spanish Constitution ( Spanish : Constitución Española ) is the supreme law of the Kingdom of Spain . It was enacted after its approval in a constitutional referendum ; it represents the culmination of the Spanish transition to democracy .
105-461: The flag of Spain ( Bandera de España ), as it is defined in the Constitution of 1978 , consists of three horizontal stripes: red, yellow and red, the yellow stripe being twice the height of each red stripe. Traditionally, the middle stripe was defined by the more archaic term of gualda , and hence the popular name la Rojigualda (red- weld ). The origin of the current flag of Spain
210-459: A market economy which can be subject to government planning (Section 38). Chapter Three includes Sections 39 to 52. They lay out the foundations of the Spanish welfare state in accordance with the constitutional mandate for a social state (Section 1) and for effective freedom and equality and societal integration for all citizens and collectives (Section 9, Part 2). It includes provisions for
315-583: A constituency are required to be on the ballot and each citizen can sign only once for a party candidacy. The Electoral Board establishes the regulations for the collection of signatures. The deputies' term of office finishes four years after their election or when the Cortes are dissolved, which can take place jointly or separately with the dissolution of the Senate . Only the Monarch can dissolve Parliament on
420-476: A design that, although of foreign origin, would become the primary symbol of Spain. The flag was usually embroidered on white or yellow cloth. The Cross of Burgundy is also known as "The Vane of Burgundy" or La Cruz de San Andrés as it is derived from St. Andrew's Cross . Since the reign of Charles I of Spain (1516-1556), different Spanish armies have used flags with the Cross of Burgundy on different fields. It
525-652: A list of civic rights and duties. Section 30 includes military duties with guarantees and alternatives for conscientious objectors (this section has been inactive since 2002). Section 31 establishes a progressive and non-confiscatory tax system . The principles of family law are laid out in Section 32. Chapter Two also deals with the right to property (Section 33), to create foundations (Section 34), to work (Section 35), to create professional associations (Section 36) and to collective bargaining (Section 37). This Section also guarantees economic freedom and calls for
630-510: A male preference primogeniture to the successors of King Juan Carlos I and his dynasty, the Bourbon dynasty . The heir to the throne receives the title of Prince or Princess of Asturias as well as the other historic titles of the heir and the other children received the title of Infantes or Infantas. If some person with rights of succession marries against the will of the King or Queen regnant or
735-425: A matter, so they can approve or reject any bill. There are 23 permanent (standing) legislative committees and 8 permanent (standing) non-legislative committees which have responsibilities for House administration. The Plenary can create additional non-legislative committees at the beginning of each legislature. The non-standing committees are created with a specific purpose and their themes and duration are determined by
840-465: A new version of the Saint John eagle. The models established on that decree were in force until 1977. During this period two more flags were usually displayed together with the national flag: the flag of Spanish Falange (three vertical strips, red, black, red, with the black stripe being wider than the red ones, and the yoke and arrows emblem in red placed on the centre of the black stripe) and
945-831: A number of additional and transitory provisions. Notably, the Constitution also formally repealed several important Spanish laws related the political history of the country: the Laws of 25 October 1839 and 21 July 1876, related to the Basque fuero s and the aftermath of the Carlist Wars , as well as all of the Fundamental Laws of the Realm were repealed. It also supersedes the Law of 4 January 1977, on Political Reform, which
1050-524: A party to participate in the seat distribution for a constituency. At present, this condition applies only to Madrid and Barcelona . In March 2011, the Electoral Act was modified to require parties that are not represented either in Congress or in the Senate to collect signatures to support their candidacy to be able to run in the election. One-tenth of a percent of those registered to vote in
1155-773: A public pension system , a social security system, public healthcare and cultural rights . Chapter Four includes a series of guarantees for fundamental rights. Section 53 limits the regulation of all rights in Chapter Two and Chapter Three to statutory law , which excludes administrative regulation ( reglamentos ). These statutes must respect the essential content of said rights. The fundamental rights and public freedoms included in Section One of Chapter Two can be invoked directly, and they ought to be regulated by means of Organic Law (which ensures greater political consensus). The creation of this statute cannot be delegated to
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#17327733651121260-461: Is entrenched , meaning it is extremely difficult to modify or repeal, in order to prevent the establishment of a legal dictatorship via constitutional amendment. Furthermore, an individual can request the protection of a justice court if any of these rights are infringed. Individual rights include the right to life (Section 15), freedom of conscience (Section 16), right to freedom and security (Section 17), honour, privacy and inviolability of
1365-494: Is "the first which was not imposed by a party but represented a negotiated compromise among all the major parties". It was sanctioned by King Juan Carlos I on 27 December, before it was published in the Boletín Oficial del Estado (the government gazette of Spain) on 29 December, the date on which it became effective. The promulgation of the constitution marked the climax of the Spanish transition to democracy after
1470-410: Is a square flag of Spain with the Spanish coat of arms centred on the yellow stripe. The Yacht ensign is the flag of Spain charged with the royal crown in blue in the centre of the yellow stripe. This flag was first established in 1875 by Royal Decree (real decreto), which provided that the central stripe would display the royal crown (corona real); this flag apparently continued to be used following
1575-410: Is also present in civil procedures; in practice, the King has never been prosecuted and it is unlikely that he would be prosecuted even if it was proven that the monarch had committed a crime. The legal justification for royal immunity is that the King is mandated by the Constitution to fulfill several roles as the head of state; thus, the King is obligated to perform his actions and fulfill his duties, so
1680-588: Is carried near him. The heir to the crown, the Princess of Asturias , has her own standard and guidon. The Standard of the Princess of Asturias is regulated by Royal Decree 284/2001 that modified the Title II of Spanish Royal Decree 1511/1977. The Standard of the Princess of Asturias consists of a light blue (the colour of the flag of Asturias ) square flag with the coat of arms of the Princess of Asturias in
1785-526: Is described by Rule 1 of Royal Decree 527/2014, an amendment to Title II, Rule 1 of Spanish Royal Decree 1511/1977. It is nearly identical to the Royal Standard except that the Royal Guidon has a Gold fringe. It is made of silk taffeta . The size of the guidon is 80 cm × 80 cm (31 in × 31 in). It is the personal command ensign or positional flag of the monarch, and
1890-429: Is done through a procedure or institution called the refrendo (" countersigning " in the official English translation of the constitution). All the King's acts have to undergo the refrendo procedure. Through the refrendo, other persons assume legal and political responsibility for the King's acts, if such responsibility is demanded from them. Article 64 explains the refrendo and transfers responsibility for royal acts to
1995-506: Is formed by three horizontal stripes, red, yellow and red, the yellow being double the width of each of the red ones." The national flag of Spain finally received its present-day coat of arms on 19 December 1981. Spanish Constitution of 1978 The current version was approved in 1978, three years after the death of dictator Francisco Franco . There have been dozens of constitutions and constitution-like documents in Spain; however, it
2100-522: Is guaranteed a minimum allocation of two seats, and one seat each for Ceuta and Melilla for a total of 102 seats. The remaining 248 seats are allocated proportionally according to the population using the Hare quota . After the General Election , seats are assigned to the electoral lists in each constituency separately, using the D'Hondt method ; parties receive seats in approximate proportion to
2205-471: Is hoisted on Sundays, festivities and in presence of a foreign warship as soon as it moors at the dock. The national flag is always hoisted at the stern, when sailing, and from sunrise to sunset, when docked. It is a square flag (ratio 1:1) composed of 4 quarters: The current version of the jack was adopted in the early 1980s. The flag used by the Spanish Armed Forces is the same one that
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#17327733651122310-522: Is no person entitled to exercise the regency, the Cortes Generales shall appoint one regent or a council of three or five persons known as the Council of Regency. The regent must be a Spaniard and legally of age. The Constitution also establishes in article 60 that the guardian of the King or Queen during their minority cannot be the same as the person who acts as regent, unless the regent is
2415-634: Is presented, and the session ends when all items have been discussed. The Committees are the basic working bodies of the Congress designed to facilitate the work of the house. The committees have the same powers as the Plenary: to legislate by delegation of the plenary or at the request of the Bureau, and to check the Government by requesting information of the Administration or by requesting
2520-572: Is re-established as the flag of Spain", which served as the first flag of Nationalist Spain . This flag was replaced in 1938 by a flag bearing the Eagle of Saint John added to the shield. The new arms were allegedly inspired in the coat of arms the Catholic Monarchs adopted after the taking of Granada (represented using a granada , word that also means ' pomegranate ' in Spanish) from
2625-757: Is still common in the present flags of the territories that formed the Crown: Aragon , Catalonia , Valencia , the Balearic Islands and Roussillon in France ). The Crown of Castile , since the final union between the kingdoms of Castile and León in 1230, used a quartered flag alternating the Castilian (Gules, a tower Or, masoned sable and ajouré azure) and Leonese (Argent, a lion rampant purpure crowned or, langued and armed gules) emblems. Aragonese and Castilian flags and coats of arms merged when
2730-502: Is the President of the Congress of Deputies , who is elected by the members at the first sitting of Congress after an election. The two principal bodies in Congress are parliamentary groups and parliamentary committees ( Spanish : comissiones ). All MPs are required to be members of a parliamentary group , the institutionalised form of political parties. Groups act with one voice represented by their spokesperson. In other words,
2835-687: Is the lower house of the Cortes Generales , Spain's legislative branch , the upper house being the Senate . The Congress meets in the Palace of the Parliament ( Palacio de las Cortes ) in Madrid . Congress has 350 members elected from fifty-two constituencies (the fifty provinces and two autonomous cities ) using closed list D'Hondt proportional representation . Deputies serve four-year terms. The presiding officer and speaker
2940-501: Is the naval ensign of 1785, Pabellón de la Marina de Guerra under Charles III of Spain . It was chosen by Charles III himself from 12 different flags designed by Antonio Valdés y Bazán . All proposed flags were presented in a drawing, which is in the Naval Museum of Madrid. The flag remained marine-focused for most of the next 50 years and flew over coastal fortresses, marine barracks and other naval property. During
3045-473: Is twofold. They are subjective rights to be exercised both individually and collectively. In addition to this, they are a binding principle for all public authorities, which allows for peaceful coexistence and legitimates the political and social order. Chapter One deals with the entitlement of constitutional rights. Section 11 provides for the regulation by statute of Spanish nationality whilst providing for its inalienability for Spaniards. Section 12 establishes
3150-514: Is used as the state flag and national ensign. Military units, however, use a less oblong, more square version (full size dimensions 12.80 by 14.75 metres (42.0 ft × 48.4 ft)) charged with the name of the unit. The King of Spain uses a flag known as the Royal Standard . The Royal Standard of Spain consists of a crimson square with the Coat of arms of the King in the centre. It
3255-475: Is usually flown at the King's official residence, the Palacio de la Zarzuela , other Spanish royal sites , or displayed on his official car as small flags. It is regulated by clause 2 of Royal Decree 527/2014, 20 June, an amendment to Title II of Spanish Royal Decree 1511/1977 adopting Flags, Standards, Guidons, Insignia and Emblems Regulation. The Royal Guidon ( Guión ), the monarch's military personal ensign,
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3360-473: The 1977 general election . It then repealed all the Fundamental Laws of the Realm (i.e., the constitution of the Francoist regime), as well as other major historical laws and every pre-existing law that contradicted the new constitution. The Spanish Constitution is a written document that takes cues from both older Spanish constitutions and other then-current European constitutions. For example, it contains
3465-659: The Carlist flag (the Saint Andrew saltire or Cross of Burgundy red on white) as representation of the National Movement . From the death of Franco in 1975 to 1977, the national flag remained that of the 1945 regulation. On 21 January 1977 a new flag was approved that differed from the previous one in that the eagle's wings opened further (the "pasmada" eagle), the Pillars of Hercules were again placed within
3570-591: The Catholic monarchs created the new symbols of their personal union of the crowns in 1475. The banner of Castile and León was the first European symbol to arrive in the New World . The Cross of Burgundy was introduced to Spain after the marriage of Joanna of Castile to Philip the Handsome , Duke of Burgundy in 1496. The flag was the primary symbol of Philip the Handsome. It introduced into Spanish vexillology
3675-604: The Constitution of 1812 . After the death of dictator Francisco Franco in 1975, a general election in 1977 convened the Constituent Cortes (the Spanish Parliament, in its capacity as a constitutional assembly) for the purpose of drafting and approving the constitution. A seven-member panel was selected among the elected members of the Cortes to work on a draft of the Constitution to be submitted to
3780-497: The Cortes Generales , they shall be excluded from succession to the Crown, as shall their descendants. This article also establishes that if the lines are extinguished, the Cortes Generales shall decide who will be the new King or Queen attending to the general interests of the country. Finally, article 57.5 establishes that abdications or any legal doubt about the succession must be clarified by an Organic Act. This legal forecast
3885-504: The Moors , but replacing the arms of the Kingdom of Sicily for those of Navarre , and adding the Pillars of Hercules on each flank of the coat of arms. In 1938 the columns were placed outside the wings. On 26 July 1945, the commander's ensigns were suppressed by decree, and on 11 October a detailed regulation of flags was published, that fixed the model of the bi-colour flag in use, with
3990-554: The Peninsular War , the flag could also be found on marine regiments fighting inland. It was only in 1820 that the first Spanish land unit, La Princesa Regiment, was provided with one, and it was not until 1843 that Queen Isabella II of Spain made the flag official. Throughout the 19th and the 20th centuries, the colour scheme of the flag remained intact, with the exception of the Second Republic period (1931–1939);
4095-636: The President , the Bureau and the Board of Spokespersons . The President of the Congress of Deputies is the highest authority and it represents the House and it is, de facto, the whole parliament leader. As head of the Congress, it also chairs the Bureau, the Board of Spokespersons and the Permanent Deputation, and is the maximum responsible authority of the Congress's Police. The Bureau of
4200-484: The Prime Minister in most cases, though it also allows other ministers to assume responsibility for royal acts as well. In general, when there is not a formed government, the responsibility is assumed by the President of the Congress of Deputies . Without the refrendo, the King's actions are null and void . There are only two royal acts that do not require the refrendo. The first encompasses all acts related to
4305-516: The Spanish Constitution establishes that the Congress of Deputies must be composed of at least 300, and no more than 400 deputies. At present, the house has 350 deputies which is determined by the 1985 Electoral Act . The Spanish Constitution establishes that the deputies are chosen by universal , free, equal , direct , and secret suffrage . The election is held every four years or earlier in case of snap election . The members of
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4410-410: The Spanish Constitution . Exercising the autonomy recognised by the Constitution to the Congress of Deputies, the house is regulated by some internal rules established by itself in 1982 and it configures different government bodies to carry the pertinent competencies out. The governing bodies of the Congress of Deputies are the bodies which under their authority the House is manage. Those bodies are
4515-560: The age of majority in Spain at 18. Section 13 limits the entitlement of public freedoms to aliens to the provisions of statutes and international treaties. Legal persons are entitled to a reduced array of rights, among which the right of association, the right to honour, the right to due process of law, freedom of speech and the inviolability of the home are included. Chapter Two begins with Section 14, an equal rights clause . Section One (Sections 15 to 29) includes an enumeration of fundamental rights and public freedoms. This section
4620-764: The royal arms . The king's new arms were designed by the French heraldists Charles-René d'Hozier and Pierre Clairambault in November 1700. Philip V also changed the philosophy and the design of the flags of Spain. He was the first to give Spain a unified symbol of its own when putting on white fabric the Cross of Burgundy and the Royal coat of arms. It still was not a national flag, but a first attempt, in line with similar attempts in other European nations. The flags were organized in three groups: In 1760, Charles III modified
4725-454: The "Coronela", during the reign of Charles I (Charles V as Holy Roman Emperor) that was made of yellow silk (the imperial colour) with the embroidered imperial shield . When Philip II came to power, he ordered that, in addition to the flags of each company, each Tercio should have another one in yellow with the Cross of Burgundy in red. The units of Cavalry took the same flags but of smaller size, called Banners . However, at this time
4830-669: The Castilian banner was not murrey, but crimson . The Spanish Civil War officially ended on 1 April 1939, when the last Spanish Republican outposts were overrun by the Nationalists . The Republican regime in Spain was destroyed and Francisco Franco became the Caudillo of the country and remained in power until his death on 20 November 1975. On 29 August 1936, the National Defense Junta issued Decree No. 77 that declared: "The red and gold/yellow bicolour flag
4935-430: The Congress are elected by proportional representation with closed lists in each constituency. There are 52 constituencies for the Congress of Deputies corresponding to the 50 provinces of Spain and two autonomous cities ( Ceuta and Melilla ). According to Spanish electoral law, the number of seats in each constituency can change in each election and it is specified when writs of election are issued. Each province
5040-494: The Congress of Deputies is the collective body that represents the House and manages the day-to-day of the Chamber, preparing the budget and making all the necessary decisions to allow the proper functioning of the functions of the Congress. The Board of Spokespersons of the Congress of Deputies is the collective body formed by representatives of the parliamentary groups and normally, government representatives, that establishes
5145-507: The Constitution and the laws. The King's official title is "King of Spain" ( Spanish : Rey de España ), but he is allowed to use any other titles that are associated to the Spanish Crown . The King of Spain enjoys immunity and is not subject to legal accountability. In a broad sense, this means that the King cannot be legally prosecuted. Some jurists say that this only refers to criminal procedures, while others claim this immunity
5250-648: The Constitution does not formally state that Spain is a federation (nor a unitary state), actual power shows, depending on the issue considered, widely varying grades of decentralization, ranging from the quasi-confederal status of tax management in Navarre and the Basque Country to the total centralization in airport management. Part I of the Spanish Constitution encompasses Sections 10 to 55, establishing fundamental rights and duties. The scope of
5355-428: The Constitution establishes that the monarch is the head of state and symbolizes the unity of the Spanish state. It refers to the monarch's role as a "moderator" whose main role is to oversee and ensure the regular functioning of the institutions. The monarch is also the highest-ranked representative of the Spanish state in international relations and only exercises the functions that are explicitly attributed to him by
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#17327733651125460-448: The King cannot be judged for actions that he is constitutionally obligated to perform. The King is vested with executive power, but is not personally responsible for exercising it. This does not mean that his actions are free of responsibility. The responsibility for the King's actions falls into the persons who hold actual political power and who actually take political decisions, which the King only formally and symbolically ratifies. This
5565-531: The Organic Act 4/2014 modified the Organic Act of the Judiciary to allow the former Kings to conserve their judicial prerogatives (immunity). The Regency is regulated in article 59. The Regency is a period in which a person exercises the duties of the King or Queen regnant on behalf of the real monarch who is a minor. This article establishes that the King or Queen's mother or father shall immediately assume
5670-479: The Permanent Deputation is a temporary extension of the house. The Permanent Deputation is presided by the President of the Congress . It is composed of a proportional number of deputies depending on the numerical importance of the different Parliamentary Groups. All members of the house are assigned to one of the Parliamentary Groups reflecting their party affiliation or ideology. The formation of
5775-577: The Plenary. The members of the committees are chosen by the Parliamentary Groups with the number of members proportional to the number of seats in the House, which means they are not effective checks on the Government when the party in office has a parliamentary majority. Once the committees are created they must elect in their first meeting the bureau of the committee, composed of a chair, two deputy chairs and two secretaries. In practice,
5880-462: The President; these flags are later folded and presented to the next of kin before interment. When flying the Spanish flag with other flags, the following is the order of precedence: the national flag, flags of foreign states, the flag of Europe , international NGOs , military and government standards, autonomous communities flags, city flags and any others. When foreign flags are used alongside
5985-558: The Second Spanish Republic at the centre (quarterly of Castile, Leon, Aragon and Navarre, Enté en point for Granada, stamped by a mural crown between the two Pillars of Hercules ). Another novelty was the smaller dimensions of this flag in its military version, of 1 m by 1 m. As for the addition of the murrey to represent Castile in the national flag, since the last quarter of the 20th century there are authors that contradict former historians maintaining that
6090-420: The Spanish Constitution establishes an exhaustive list of the King's functions, all of which are symbolic and do not reflect the exercise of any political power. The King sanctions and promulgates the laws, which are approved by the Cortes Generales , which the King also symbolically and formally calls and dissolves. The King also calls for periodic elections and for referendums in the cases that are included by
6195-490: The Spanish Parliament is a parliament of groups, not individual MPs who are constrained to act only as part of the group. MPs can only act autonomously when submitting oral or written questions. As a result of the 2019 general election , there were 168 female deputies or 48% of all members, making Spain the European country with the highest percentage of women in parliament, surpassing Sweden and Finland. Section 68.1 of
6300-561: The Spanish flag, the flags are sorted according to the countries' names alphabetically in the Spanish language . The only exception is when the congress or meeting held in Spain dictates a different language to be used for sorting. The flag of Europe has been hoisted since Spain became a member of the Union. While not mentioned by name in the law, the flag of NATO can also be used in Spain, since it belongs to that organization. When unfurled in
6405-544: The Spanish people in a referendum on 6 December 1978. 91.81% of voters supported the new constitution. Finally, it was sanctioned by King Juan Carlos on 27 December in a ceremony in the presence of parliamentarians. It came into effect on 29 December, the day it was published in the Official Gazette. Constitution Day ( Spanish : Día de la Constitución ) on 6 December has since been a national holiday in Spain . The Constitution contains 169 articles as well as
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#17327733651126510-618: The agenda of the House. The working bodies of the Congress of Deputies are the Plenary, the Committees , the Permanent Deputation and the Parliamentary Groups . The Plenary is the central body of the Congress of Deputies which allows the house to exercise their choices. It is the sitting of all the members of the Parliament when half plus one of its members are attending the house. This body represents
6615-399: The appearance of any member of the Government or Administration. There are two types of committees: standing and non-standing. The standing committees are defined by the Congress's standing orders and non-standing committees, created by the Plenary. The standing committees examine bills and make amendments. The Plenary of the Congress can confer upon them full legislative power in relation to
6720-473: The body. These came to be known, as the media put it, as the padres de la Constitución or "fathers of the Constitution". The seven people were chosen to represent the wide (and often, deeply divided) political spectrum within the Spanish Parliament, while the leading role was given to then ruling party and now defunct Union of the Democratic Centre (UCD). The members included: The writer (and Senator by Royal appointment) Camilo José Cela later polished
6825-494: The center. The Guidon is identical to the Standard except that the Royal Guidon has a gold fringe. It is made of silk taffeta. The size of the guidon is 80 cm × 80 cm (31 in × 31 in). It has fallen into disuse because of the Princess's young age. While the concept of a national flag did not exist in the Middle Ages, the symbol of Spain was the Royal Shield. It was frequently made up of other different flags, full of images and symbols that represented all
6930-437: The civil and military ranks and employments, and he also grants honors and distinctions according to the laws. The King is also the supreme head of the Armed Forces of Spain, although the effective lead is held by the Government of Spain. Finally, the King holds the High Patronage of all the Royal Academies and other organizations that have a royal patronage. The succession to the Crown is regulated in article 57 which establishes
7035-414: The colours which constitute the Spanish flag were derived from the standard of the Crown of Aragon , there is no written evidence to support this. On 14 April 1931, the monarchy was abolished and replaced by the Second Spanish Republic . The regime change was symbolized by a new tricolor flag, red, yellow and murrey ( Spanish : morado ), instead of the previous red and yellow bicolor, considered, at
7140-399: The committee. The members of the subcommittees are designated by the committee. The Permanent Deputation is a body created in order to have a permanent constituted legislative power. It is responsible for safeguarding the powers of the house between the legislative sessions (January, July and August) or when their term has finished because of termination or dissolution. In these three cases,
7245-547: The concept of a national flag as understood nowadays did not exist, and so the true symbol of the nationality was represented by the Royal arms. The use of other flags besides the mentioned ones was frequent, with various images or symbols. Some examples are the flag of Santiago (Saint James the Great), the green one the Emperor took during the conquest of Tunisia or the crimson one used by Hernán Cortés in Mexico . The arms of Bourbon-Anjou were added in 1700 when Philip V became king of Spain. He introduced several changes on
7350-461: The countries in Europe used flags which were predominantly white and, since they were frequently at war with each other, lamentable confusions occurred at sea, as if was difficult to determine if a sighted ship were enemy until practically the last moment. For this reason, he ordered his Minister of the Navy to present several designs of flags to him, which needed to be visible from great distances. The Minister selected twelve sketches which were shown to
7455-400: The creation of the Spanish Republic in 1931, but the royal crown was changed to a blue mural crown or a blue coronet ; the current version — depicting the royal crown in blue — was introduced following the restoration of the monarchy. The Spanish naval jack is hoisted at the prow of all Navy ships when docked or anchored in foreign waters, from sunrise to sunset. In national waters it
7560-525: The current flag of Spain with the coat of arms is specified by rule 3 of the Royal Decree 1511/1977, which states the following: This type of triband design has become known as a Spanish fess . The flag must only be flown horizontally. It can be flown from public buildings, private homes, businesses, ships, town squares, or during official ceremonies. While the flag should be flown from sunrise to sunset, government offices in Spain and abroad must fly
7665-503: The death of general Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 years. This led to the country undergoing a complex process that included a series of political, social and historical changes, gradually transforming the Francoist regime into a democratic state. The Constitution was redacted, debated and approved by the constituent assembly ( Spanish : Cortes Constituyentes ) that emerged from
7770-425: The draft Constitution's wording. However, since much of the consensus depended on keeping the wording ambiguous, few of Cela's proposed re-wordings were approved. One of those accepted was the substitution of the archaic gualda (" weld -colored") for the plain amarillo (yellow) in the description of the flag of Spain . The constitution was approved by the Cortes Generales on 31 October 1978, and by
7875-654: The due process of law, including the process of habeas corpus . In addition to this, the Prime Minister, the Ombudsman, 50 members of the Congress of Deputies, 50 Senators, and regional governments and legislative assemblies may lodge unconstitutionality appeals before the Constitutional Court . The Constitution dedicates its Part II to the regulation of the monarchy, which is referred to as The Crown ( Spanish : La Corona ). Article 56 of
7980-442: The executive power. Section 54 calls for the creation of an Ombudsman ( Defensor del Pueblo ), accountable to the legislative power, the Cortes Generales . It acts as a supervisor of administrative activity. In addition to this, it has standing before the Constitutional Court to lodge unconstitutionality appeals and individual appeals for protection (recurso de amparo) . Sections 14 to 29 and Section 30, Part 2, enjoy
8085-450: The father, the mother, or a direct ancestor of the King. Parents can be guardian while widowed. If the parent marries again, the parent loses the guardianship, and the Cortes Generales shall appoint a guardian who must comply with the same requirements as to be regent. Article 60 § 2 also establishes that the exercise of the guardianship is also incompatible with the holding of any office or political representation so that no person can be
8190-399: The flag on a 24-hour basis; during the night, and in poor light, it must be properly lit. The flags must conform to the legal standards, and cannot be soiled or damaged in any way. For mourning activities, the flag can be flown in either of the following ways. The first method, commonly known as half-masting , is performed when the flag is hoisted to the top of the flagpole, then lowered to
8295-700: The guardian of the monarch while holding a political office. Part III (Sections 66 to 96) deals with the Cortes Generales , the Spanish legislature. It consists of two chambers: the Congress of Deputies and the Senate of Spain , with the former being privileged above the latter, in contrast with other upper chambers, such as the Italian Senate of the Republic. Congress of Deputies Supported by (32) Opposition (171) The Congress of Deputies (Spanish: Congreso de los Diputados )
8400-447: The home (Section 18), freedom of movement and residence (Section 19), and freedom of speech (Section 20). The list of collective rights include the right of assembly (Section 21), right of association (Section 22), right of suffrage (Section 23), right to education (Section 27) and the right to strike (Section 28). The due process of law is covered by Sections 24 to 26. Section Two of Chapter Two (Sections 30 to 38) includes
8505-478: The king. The flag that was chosen as war ensign is the direct ancestor of the current flag. It was a triband red-yellow-red, of which the yellow band was twice the width of the red bands, a unique feature that distinguished the Spanish tribanded flag from other tribanded European flags. The flag chosen as civil ensign or for Merchant Marine use, meanwhile, consisted of five stripes of yellow-red-yellow-red-yellow, in proportions 1:1:2:1:1. Despite popular belief that
8610-413: The largest party always enjoys a clear over-representation in the distribution of chairpersons. Subcommittees can also be created by the Plenary at the request of the committees. There are two types of subcommittees, the ordinary subcommittees, the purpose of which is to discuss and report on a specific issue, and the reporting subcommittees, the purpose of which is to write a draft bill to be discussed in
8715-454: The laws or the Constitution. The King also proposes a candidate for Prime Minister, which is probably the King's most 'political' function, as he traditionally holds meetings with the leaders of all the major political parties in order to facilitate the formation of a government. If a candidate is successfully invested by the Parliament, he formally names him Prime Minister of Spain. When a Prime Minister has been named, he also formally names all
8820-479: The management of the Royal House of Spain; the King can freely hire and fire any employees of the Royal House and he receives an annual amount from the state budget to operate the Royal House, which he freely distributes across the institution. The second one refers to the King's will, which enables him to distribute his material legacy and name tutors for his children, if they are not legal adults. Article 62 of
8925-434: The members of his government, all of which are proposed by the Prime Minister himself. The King has both a right and a duty to be informed of all the state affairs; he is also allowed to preside over the government meetings when the Prime Minister invites him to do so, although he has the ability to reject this invitation. Regarding the Government, the King also formally issues the governmental decrees, as well as bestowing all
9030-415: The number of votes each received in the constituency. A strictly proportional system would result in fractional seats; the D'Hondt method resolves this by favoring parties receiving larger votes. For provinces that elect at least 24 deputies, the 1985 Electoral Act establishes a 3% minimum valid votes by constituency requirement (blank votes count towards the total votes, but invalid ballots do not count) for
9135-483: The office of regent and, in the absence of these, the oldest relative of legal age who is nearest in succession to the Crown. Article 59 § 2 establishes that the monarch may be declared incapacitated by Parliament if the monarch becomes unfit for the exercise of authority, in which case the Prince or Princess of Asturias shall assume the regency if they are of age; if not, the previous procedure must be followed. If there
9240-581: The only changes centred on the coat of arms. Translation: The flag of Spain consists of three horizontal stripes: red, yellow and red, the height of the yellow stripe being equal to the combined height of the two red stripes. Article 4.1 of the Spanish Constitution of 1978 The colours of the flag, as officially defined by the Spanish Royal Decree 441/1981 of 27 February in two CIE colour spaces, are: The nearest Pantone shades are 7628 C (red) and 7406 C (yellow). The basic design of
9345-474: The parliamentary groups takes place at the beginning of each legislature. The deputies (members) who cannot satisfy the rules for forming a group are placed together in their own group (called the Mixed Group) so that they can still participate in the functions of Parliament. The XV legislature of Spain started on 17 August 2023 when the Cortes Generales were constituted, once the 2023 general election
9450-402: The pole's one-third position. The other method is to attach a black ribbon to a flag that is permanently affixed to a staff. The ribbon itself is ten centimetres wide and it is attached to the mast so that the ends of the ribbon reach the bottom of the flag. During the funeral ceremony, the flag may be used to cover the coffins of government officials, soldiers and persons designated by an act of
9555-430: The presence of other flags, the national flag must not have smaller dimensions and must be situated in a prominent, honourable place, according to the relevant protocol. Some high-ranking officials of the Spanish state (i.e., the president, the vice-presidents and the ministers of the government, or the chairmen of the Congress of Deputies and the Senate ) are entitled to display a flag representative of their status. It
9660-409: The provision for a constructive vote of no confidence , which was inspired by German Basic Law . The Constitution is organized in ten parts ( Spanish : Títulos ) and contains an additional introduction ( Spanish : Título Preliminar ), a preamble, several additional and interim provisions, a series of repeals, and it ends with a final provision. The constitutional history of Spain dates back to
9765-597: The request of the President of the Government after the deliberation of the Council of Ministers . The dissolution of the Cortes also takes place if there is a failed legislature or two months after a failed investiture session, in this case, the Sovereign dissolves the house with the countersign of the President of the Congress of Deputies . During their mandate, the deputies have some guarantees and privileges to carry their responsibilities out according to Section 97 of
9870-476: The right to a preferential and summary procedure in the ordinary courts. Once this procedure is exhausted, citizens may lodge an individual appeal for protection (recurso de amparo) , a last instance unique to Spanish constitutional law and created in 1978 that, once exhausted, allows for an appeal before the European Court of Human Rights . This scope of additional protection reinforces the guarantees of
9975-435: The rights recognised by the text is the largest in Spanish constitutional history. Scholars deem the enumeration open insofar as new rights can be included under the principle of human dignity as a foundation of the political order and social peace (Section 10). This can be achieved by means of constitutional reform, jurisprudential developments or the ratification of new international treaties. The effect of fundamental rights
10080-796: The shield of the Royal arms, suppressing the collar of the Holy Spirit, maintained the Golden Fleece and added two new quarters, corresponding to the House of Farnese (six blue lilies on gold) and Medici (five red discs and one blue disc with three lilies of gold, all on gold). The military flag or Coronela of Spanish regiments was, during the Bourbon years, the Cross of Burgundy with different additions in each military unit depending on their territorial origin, commander, etc. When Charles III became King of Spain, he observed that most of
10185-416: The time, monarchist. The purported aim of the murrey strip was to represent Castile and León in the flag's colours, as the existing red and yellow represented the territories of the former Crown of Aragon . The Republican flag was officially adopted on 27 April and officially given to the army on 6 May. Formed by three horizontal strips of the same width, red, yellow and morado , with the coat of arms of
10290-475: The unity of the house and it works through the plenary sessions which can be ordinary or extraordinary. The ordinary sessions take place during the two meeting terms: September to December and February to June. The extraordinary sessions are convened at the request of the Prime Minister of Spain , the Permanent Council or the absolute majority of the house. In this kind of session a particular agenda
10395-681: The values that the troops or the King defended. In Spain the medieval kingdoms which merged in the sixteenth century had their own heraldic symbols and their navies used to display their own flags and standards on both the Mediterranean Sea and the Atlantic Ocean, where the Aragonese and Castilian Crowns had their respective areas of influence. The flag of the Crown of Aragon was a yellow flag with four red stripes (an element which
10500-404: The welfare of all who make part of it, in use of her sovereignty, proclaims its will to: Establish an advanced democratic society, and Consequently, the Cortes approve and the Spanish people ratify the following Constitution. As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though
10605-482: The wings, and the ribbon with the motto UNA, GRANDE Y LIBRE (ONE, GREAT and FREE) was moved from the eagle's neck to above the eagle's head. Not many flags with this coat of arms were made. Finally, and after the restoration of the House of Bourbon to the Spanish Throne in the person of King Juan Carlos I , the Spanish Constitution of 1978 was published, article 42 section 12 of which reads "The Flag of Spain
10710-416: Was also incorporated in the uniforms of Burgundian archers, and later in the uniforms of the rest of the army. It also appeared on Spanish regimental flags. When the House of Habsburg took the Spanish throne by mid-16th century each military company had its own flag in which appeared usually the arms of its commander over the Cross of Burgundy . In order to represent the King, they used to have another one,
10815-469: Was conceived as a temporary mechanism to loosen restrictions on fundamental rights inherited from the Francoist period . Traditionally, writing the preamble to the constitution was considered an honour, and a task requiring great literary ability. The person chosen for this purpose was Enrique Tierno Galván . The full text of the preamble may be translated as follows: The Spanish Nation, wishing to establish justice, liberty and security, and to promote
10920-462: Was exercised for the first time of the current democratic period in 2014 when King Juan Carlos abdicated in favor of his son. The Organic Act 3/2014 made effective the abdication of the King. A Royal decree of the same year also modified the Royal Decree of 1987 which establishes the titles of the Royal family and the Regents and arranged that the outgoing King and Queen shall conserve their titles. And
11025-509: Was held. The building, Palacio de las Cortes , has a neoclassical style. It was designed by Narciso Pascual Colomer , and built between 1843 and 1850. It sits by the Carrera de San Jerónimo, in Madrid. The relief on the facade by sculptor Ponciano Ponzano centers on a sculpture of Spain embracing the constitutional state, represented by a woman with her arm around a young girl. Surrounding
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