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64-606: This body cannot be compared to a Parliamentary Committee due to, although it is true that during the meeting periods it has a mere preparatory duties, when the parliament is not active it assumes the powers of the whole Parliament but not by a delegation of the parliament (as it happens with the committees) but by constitutional mandate. At the national level, each house of the Cortes Generales (the Spanish parliament) has its own Permanent Deputation, both of them chaired by

128-618: A French invasion crushed the National Militia and restored absolutist rule in Spain. During the subsequent reaction, many liberals were forced into exile, many—ironically—ending up in France, but generally Ferdinand VII was less strident in his policies through the remainder of his reign. When the monarchy was overthrown in 1873, the king was forced into exile. The Senate was abolished because of its royally appointed nature. A republic

192-628: A Permanent Deputation formed by five members of Congress and four senators, but that Constitution never came to be enacted. In 1869, in a new constitutional debate, an amend was proposed to recover the Permanent Deputation "to guarantee the continuity of national sovereignty", however, the Constitutional Committee rejected the amend considering that the Parliament had no national sovereignty because it belonged to

256-723: A constitutional bill of rights, although the Human Rights Act 1998 fulfills a similar role. The European Convention of Human Rights applies in those nations which are members of the Council of Europe . Persons who have experienced Convention-infringing human rights violations on the territory of ECHR-signatory nations can appeal to the European Court of Human Rights . In authoritarian regimes there are generally few or no guaranteed inalienable rights; alternatively, such rights may exist but be unobserved in practice (as

320-489: A former monarchist Minister wary of the authoritarianism of the right, dissolved Parliament. The next election was held in 1936. It was hotly contested, with all parties converging into three coalitions: the leftist Popular Front , the right-winged National Front  [ es ] and a Centre coalition. In the end, the Popular Front won with a small edge in votes over the runner-up National Front, but achieved

384-663: A permanent session, causing that in the midnight, the federal police dissolved by force the committee. This was de facto a coup against the parliament. The constituent parliament met for the first time in June, but the republic would turn into a dictatorship in January 1874 and it would finally fall in December 1874. After almost 60 years of nonexistence, the body was recovered by the Second Spanish Republic under

448-560: A right to a grand jury becomes a question of state law. The content of each Article and Amendment of the U.S. Constitution is easy to predict since they start with a suggestive title. For example, the First Amendment guarantees the freedom of religion, speech, and the press along with the rights of assembly and petition, the Second Amendment the right to bear arms and so on. However, in order to be easier to distinguish,

512-497: A solid majority due to the new electoral system introduced by the CEDA government hoping that they would get the edge in votes. The new Parliament then dismissed Alcalá-Zamora and installed Manuel Azaña in his place. During the third term, the extreme polarisation of the Spanish society was more evident than ever in Parliament, with confrontation reaching the level of death threats. The already bad political and social climate created by

576-787: A stronger role for the Cortes but was crushed by the Constable 's royalist forces at the 1521 Battle of Villalar and then brutally suppressed. Reorganized, the corteses retained some power over the realm's finances—particularly in Aragon —but became limited to a consultative entity. By the reign of Philip II , the delegates of the Cortes of Castile were financially dependent on the Crown for their income. The Imperial Cortes and its deputation ( Spanish : Diputación General de Cortes ) primarily concerned themselves with overseeing previous agreements and

640-513: A task because 208 out of 265 members of the Senate are elected by popular vote in each province, and only 58 are representatives appointed by the regional legislatures of autonomous communities. Proposals to reform the Senate have been discussed for at least ten years as of November 2007. One of the main themes of reform is to move towards a higher level of federalization and make the Senate a thorough representation of autonomous communities instead of

704-708: A very similar regulation of that of 1931. The current Spanish Constitution establishes one Permanent Deputation for each House of the Parliament with a minimum of 21 members proportionally chosen by the Parliamentary Groups and chaired by the speakers. Both the Congress and the Senate standing rules establish that the Bureaus are responsible for establishing the number of members of the Permanent Deputation (never less than 21). Those members are designated by

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768-596: A written constitution comprising similar or distinct constitutional rights. Other coded set of laws have existed before the first Constitutions were developed having some similar purpose and functions, like the United Kingdom's 1215 Magna Carta or the Virginia Bill of Rights of 1776. 191 constitutions recognize the freedom of assembly . It may be further qualified as the right to "peaceful" or "unarmed" assembly for "legal purposes". The right to vote

832-787: Is mentioned in 143 national constitutions. It may be additionally secret , or mandatory . There may also be restrictions based on residency, age, race, or criminal conviction. On September 17, 1787, the United States Constitution was signed during the Constitutional Convention (United States) which took place at the Pennsylvania State House in Philadelphia, now the Independence Hall . On December 15, 1791,

896-524: Is partly directly elected in that four senators per province are elected as a general rule and partly appointed by the legislative assemblies of the autonomous communities , one for each community and another one for every million inhabitants in their territory. Although the Senate was conceived as a territorial upper house, it has been argued by nationalist parties and the Spanish Socialist Workers' Party that it does not accomplish such

960-512: Is what Justice Brennan called 'the new judicial federalism'. meaning that rights granted by the States Constitutions can be broader than those comprised by the federal Constitution but not narrowed. State constitutions cannot reduce legal protections afforded by the federal charter, but they can provide additional protections. California v. Ramos , 463 U.S. 992, 1014, 103 S.Ct. 3446, 77 Lawyer's Edition 2nd 1171 (1983). Even where

1024-663: The Canary and Balearic archipelagos forms a different constituency in the Senate. As a parliamentary system , the Cortes confirm and dismiss the Prime Minister of Spain and their government ; specifically, the candidate for Prime Minister has to be invested by the Congress with a majority of affirmative votes. The Congress can also dismiss the Prime Minister through a vote of no confidence . The Cortes also hold

1088-755: The Confederación Española de Derechas Autónomas (CEDA) ( right ). Initially, only the Radical Party entered the Government, with the parliamentary support of the CEDA. However, in the middle of the term, several corruption scandals (among them the Straperlo and the Nombela affairs) sank the Radical Party and the CEDA entered the Government in 1934. This led to uprisings by some leftist parties that were quickly suffocated. In one of them,

1152-469: The Fifth Amendment protects the right to grand jury proceedings in federal criminal cases. However, because this right was not selectively incorporated into the due process clause of the 14th amendment, it is not binding upon the states. Therefore, persons involved in state criminal proceedings as a defendant have no federal constitutional right to grand jury proceedings. Whether an individual has

1216-578: The Iberian peninsula 's various kingdoms came to be known as cortes ( Castilian Spanish ) or corts ( Valencian Spanish ). They began as advisory councils made up of the most powerful nobles and the feudal lords closest to the king. General councils were convened in 873, 1020, 1050, and 1063. The 1188 Cortes of León convened by Alfonso IX is sometimes taken to mark the beginning of parliamentary bodies in Western Europe because it

1280-689: The Nationalist faction , resulting in a bombing in May 1937. Francisco Franco did not prioritize the creation of a consultative or legislative type of assembly during his rule . In 1942, following the first symptoms of change in the international panorama in favour of the Allied Powers , a law established the Cortes Españolas (Spanish Cortes), a non-democratic chamber made up of more than 400 procuradores (singular procurador ). Both

1344-607: The Reconquista , the growth of trade and an urbanized middle class ( Spanish : burguesía ) expanded their importance at the various corteses. The king retained the ability to call and dismiss the Cortes but tended to exchange fueros , further grants of privileges and autonomy, to the residents of certain cities in exchange for lump sum payments to meet military and other obligations. (Modern Navarre preserves certain rights and privileges in its current statute of autonomy directly derived from these fueros.) In some cases,

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1408-551: The bicameral legislative chambers of Spain , consisting of the Congress of Deputies (the lower house ) and the Senate (the upper house ). The Congress of Deputies meets in the Palacio de las Cortes . The Senate meets in the Palacio del Senado . Both are in Madrid . The Cortes are elected through universal, free, equal, direct and secret suffrage , with the exception of some senatorial seats, which are elected indirectly by

1472-641: The 1490s but her grandson the Habsburg emperor Charles V (Charles I of Spain) was able to easily provide for Ferdinand Magellan 's 1519 expedition and then to pointedly sell away all of Spain's rights to the Spice Islands (now Indonesia 's Malukus ) without any consultation with the Toledo Cortes in 1529. The 1520 Revolt of the Comuneros had intended to reverse this trend and provide

1536-458: The Bill of Rights comprising the first 10 Amendments became part of the U.S. Constitution. Later on, other 17 Amendments were added. Thus, the U.S. Constitution is summing a total of 27 Amendments and 7 Articles. During all this time, only one amendment overturned a previous one, more precisely the twenty-first Amendment ratified on December 5, 1933, repealed the prohibition of alcohol established by

1600-528: The Committee request the appearance of the whole government, it appeared only one of the ministers to justify the rest. The highest point of confrontation took place on April 23, 1873, when the whole government was summoned and all the ministers except the president appeared. In the middle of the meeting, the President asked its government to return due to the social unrest and the Committee declared itself in

1664-404: The Congress holds the power to ultimately override any decision of the Senate by a sufficient majority (usually an absolute majority or three-fifths majority ). The Congress is composed of 350 deputies (but that figure may change in the future as the constitution establishes a maximum of 400 and a minimum of 300) directly elected by universal suffrage approximately every four years. The Senate

1728-539: The Conservatives and Liberals would have alternating periods as the majority in the Cortes, with other parties restricted to a smaller number of seats. Soon after the Soviet revolution (1917), the Spanish political parties started polarizing, and the left-wing Communist Party (PCE) and Spanish Socialist Workers' Party (PSOE) blamed the Government for supposed election fraud in small towns ( caciquismo ), which

1792-503: The Cortes was able to independently select agents to act as permanent advisors to the king between its sessions. Beginning with the Catholic Monarchs Isabella and Ferdinand , monarchs' control over Spain's various kingdoms in personal union allowed them to curtail the power of the grandees and burghers. Queen Isabella initially had difficulty in securing funding for the voyages of Christopher Columbus in

1856-570: The Cortes was immediately set aside by Ferdinand upon his restoration in 1814. His conservative policies led to a series of military coups that culminated in Col.   Rafael del Riego forcing him to accept a more liberal constitution from 1820–1823, the Trienio Liberal ("Three Liberal Years"). Ferdinand vetoed nearly every law passed during the period and repeatedly asked other nations to invade and restore him to his previous authority. Finally,

1920-462: The Cortes' founding law and the subsequent regulations were based on the principles of rejection of parliamentarism and political pluralism. Members of the Cortes were not elected and exercised only symbolic power. It had no power over government spending, and the cabinet, appointed and dismissed by Franco alone, retained real legislative authority. In 1967, with the enaction of the Organic Law of

1984-589: The Deputation disappeared because of the conservative politicians. They imposed their thesis that Parliament could not limit the Monarch's powers and they subordinated the Parliament to the Sovereign, being this last the one responsible for calling the meeting of parliament and the permanent deputation was suppressed to avoid extraordinary control of the royal government. In 1856, a project of Constitution devised

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2048-455: The Parliamentary Groups and an equal number of alternate members are also designated. Once that the Deputation is assembled, the members shall choose two Vice Presidents and two Secretaries of the Bureau of the Permanent Deputation. When the houses recovered its activity, the actions of the deputation are accountable to the chambers. The Senate' Permanent Deputation for the 15th Cortes Generales

2112-481: The Republic had been backstabbed. Also, for the second time in Spanish history, some regions were granted autonomous governments within the unitary state. Many on the extreme right rose up with General José Sanjurjo in 1932 against the Government's social policies, but the coup was quickly defeated. The elections for the second term were held in 1933 and won by the coalition between the Radical Party ( center ) and

2176-661: The Spanish territories in Europe , three from the Spanish territories in the Americas and one randomly chosen from both groups. Likewise, from both groups two alternate members would be also elected. Despite its secondary character, sometimes it assumed more powers than it was granted to it by the Constitution, defying the Monarch or supplanting the parliament itself when it did not agree with it. The raison d'être of this body

2240-539: The State , the accommodation of "two family representatives per province, elected by those on the electoral roll of family heads and married women" (the so-called tercio familiar ) ensued, opening a fraction of the Cortes' composition to some mechanisms of individual participation. The Cortes are a bicameral parliament composed of a lower house ( Congreso de los Diputados , congress of deputies ) and an upper house ( Senado , senate ). Although they share legislative power,

2304-616: The United States has its own governing Constitution. The States Constitutions are usually longer and written in much more detail than the U.S. Constitution. For example, the Alabama Constitution has more than 600 pages and the New Jersey Constitution of 1947 is three times longer than the U.S. Constitution. The reason for this difference between the federal Constitution and the states Constitutions

2368-515: The autonomy of the Crown of Aragon . Philip also acted to repeal or curtail most of the diverse grants of autonomy and privilege ( fueros ) throughout his kingdom. Navarre was finally merged during the 1833 territorial division of Spain . With both the Bourbon monarchs Charles IV and Ferdinand VII having abdicated their throne and Napoleon Bonaparte having appointed his brother Joseph as

2432-578: The collection of taxes in Castile and the larger empire; separate deputations oversaw similar work in Aragon and Navarre. The corteses were able to regain some of their previous powers and influence during the 17th century, as repeated sovereign defaults reduced the monarchy to financial dependency and a series of deputies including the Count-Duke of Olivares oversaw most day-to-day government. Under

2496-420: The current system, which tries to incorporate the interests of province and autonomous communities at the same time. Constitutional right A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution , or they may be inferred from

2560-480: The eighteenth Amendment on January 16, 1919. The provisions providing for rights under the Bill of Rights were originally binding upon only the federal government. In time, most of these provisions became binding upon the states through selective incorporation into the due process clause of the 14th Amendment . When a provision is made binding on a state, a state can no longer restrict the rights guaranteed in that provision. Examples of provisions made binding upon

2624-530: The historic name of Deputation instead of Committee. The 1931 regulation established that the Deputation would known about the suspension of constitutional rights , about decree-laws and about matters of arrest of MPs. It was formed by 21 members proportionally elected and chaired by the Speaker of the House. The francoist parliament did not have a Permanent Deputation and the body was re-introduced in 1977 with

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2688-426: The language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have

2752-496: The left wing government of Catalonia, which had been granted home rule, formally rebelled against the central government, denying its power. This provoked the dissolution of the Generalitat de Catalunya and the imprisonment of their leaders. The leftist minority in the Cortes then pressed Alcalá Zamora for a dissolution, arguing that the uprising were the consequence of social rejection of the right-wing government. The President,

2816-479: The legal professionals have divided the constitutional rights into two categories: process rights and substantive rights . Whereas, the process rights refer to the powers and obligations of the government with respect to individuals, the substantive rights, more diverse than the process ones, incorporate the individual freedoms endowed by the individuals creator and protected by the national government. Governments do not grant rights they only grant privilege. Each of

2880-437: The legislatures of the autonomous communities . The Cortes Generales are composed of 615 members: 350 Deputies and 265 Senators. The members of the Cortes Generales serve four-year terms, and they are representatives of the Spanish people. In both chambers, the seats are divided by constituencies that correspond with the fifty provinces of Spain, plus Ceuta and Melilla . However, each island or group of islands within

2944-682: The long-term left-right confrontation worsened, and many right-wing rebellions were started. Then, in 1936, the Army's failed coup degenerated into the Spanish Civil War , putting an end to the Second Republic. From November 1936 to October 1937, the Cortes were held at Valencia City Hall , which was still being used for its local purposes at the same time. The building was a target for the Italian Air Force in service of

3008-500: The mid-7th century placed the kings, Visigoths , and native Spanish under a single law and formed the basis of Spanish law through the medieval period. The Visigothic councils, however, gradually came to be completely dominated by the clergy under the leadership of the archbishop of Toledo ; with ecclesiastical prerogatives completely secure, they then tended to allow royal edicts to come into effect without further ratification. The royal councils ( Latin : curia regis ) of

3072-406: The monarchist cause nationally, but most provincial capitals and other sizable cities sided heavily with the republicans. This was interpreted as a victory, as the rural results were under the always-present suspicion of caciquismo and other irregularities while the urban results were harder to influence. The King left Spain, and a Republic was declared on 14 April 1931. The Second Spanish Republic

3136-539: The new Constitution , with the ex-monarchist leader Niceto Alcalá Zamora as President of the Republic and the left-wing leader Manuel Azaña as Prime Minister. The election gave a majority in the Cortes and thus, the Government, to a coalition between Azaña's party and the PSOE. A remarkable deed is universal suffrage , allowing women to vote, a provision highly criticized by Socialist leader Indalecio Prieto , who said

3200-545: The new king, a " Cortes of Cádiz " was convened that claimed sovereignty over Spain and operated as a government-in-exile . The Cortes was the first to act as a single representative body for the entire country and empire, although substitutes had to be chosen from among the people of Cádiz for many regions occupied by the French and unable to send their own delegates. Extremely liberal, the Constitution of 1812 enacted by

3264-540: The people, not to parliament. During this period it did exist a Permanent Committee entrusted with the task of managing the parliament while it was with no activity. The Deputation was recovered in 1873 with the First Spanish Republic consisting in 20 members plus the members of the Congress' Bureau . The Deputation received the name of Permanent Committee and it was confronted to the federal government since its birth causing that, in many occasions, when

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3328-489: The power to enact a constitutional reform. The modern Cortes Generales were created by the 1978 Constitution of Spain , but the institution has a long history. The tribal councils organized under Germanic law in the Visigothic Kingdom had the power of appointing and confirming kings, as well as passing laws and judgment. The Visigothic Code compiled under kings Chindasuinth and Recceswinth in

3392-437: The speaker of each house. The origin of this permanent deputation it is not the period of constitutionalism (19th century-present) when it was deeply regulated but the Spanish medieval times . Already in the Catalan Courts , there are traces of a medieval body of a permanent nature responsible for ensuring compliance with the law approved by these Courts. This body was originally focused on administrative-economic affairs and it

3456-443: The states are the Second Amendment to the United States Constitution which was made "fully applicable" by being Incorporated with the 14th Amendment in 2010, see, McDonald vs. City of Chicago; the 6th Amendment 's guarantee of a right to confrontation of witnesses, known as the Confrontation Clause , and the various provisions of the 1st Amendment , guaranteeing the freedoms of speech, the press, government and assembly. For example,

3520-507: The text of a state constitution matches verbatim that of the federal constitution, the state document may be held to provide more to the citizen. State constitutional rights can also include those entirely unaddressed in the federal constitution, such as the right to adequate education or the right to affordable housing. Countries whose written constitutions include a bill of rights include Germany , India and Japan . The United Kingdom, as it has an uncodified constitution , does not have

3584-405: The young and chronically ill Charles   II , the Cortes of Castile was responsible for naming his mother Mariana regent. During the War of the Spanish Succession , the Bourbon king Philip   V suppressed the Cortes of Aragon and Valencia in 1707 and those of Catalonia and the Balearic Islands in 1714. Following the Peace of Utrecht , the 1716 Nueva Planta Decrees fully abolished

3648-402: Was created in the 12th century. This useful body was extended to other Spanish parliaments, such as the Aragonese, Navarre, Valencian or Casitilian one. However, the Permanent Deputation, with this name and nature was created in 1812, when the first Spanish Constitution was passed. This Constitution regulates this body in sections 157 to 160; it established a seven-member deputation: three from

3712-419: Was established as a presidential republic , with a unicameral Parliament and a President of the Republic as the Head of State . Among his powers were the appointment and dismissal of the Prime Minister , either on the advice of Parliament or just having consulted it before, and a limited power to dissolve the Parliament and call for new elections. The first term was the constituent term charged with creating

3776-504: Was incorrectly supposed to have been wiped out in the 1900s by the failed regenerationist movement. In the meantime, spiralling violence started with the murders of many leaders by both sides. Deprived of those leaders, the regime entered a general crisis, with extreme police measures which led to a dictatorship (1921–1930) during which the Senate was again abolished. The dictatorship, now ruled by Admiral Aznar-Cabañas , called for local elections. The results were overwhelmingly favorable to

3840-447: Was nothing more than guaranteeing freedom and continuity to the Parliament, since in previous times it only met at the will of the monarch and to guarantee respect for the Constitution and laws. The Permanent Deputation had also the power to call for an extraordinary meeting when the Crown became vacant, when the Monarch wants to abdicate or when could not exercise his powers, or when the Monarch ask for an extraordinary meeting. After 1837

3904-660: Was officially established on October 3, 2023. The Deputation is formed by 36 senators —speaker included— and chaired by the Speaker . The distribution of seats is the following: The Agreement of the Bureau of the Congress of Deputies of 25 October 2023 established a 69-member Permanent Deputation chaired by the Speaker. This is the current distribution of seats: Cortes Generales Supported by (20) Opposition (153) Supported by (25) Opposition (178) The Cortes Generales ( Spanish pronunciation: [ˈkoɾtes xeneˈɾales] ; English: Spanish Parliament , lit.   'General Courts') are

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3968-401: Was proclaimed and the Congress of Deputies members started writing a Constitution, supposedly that of a federal republic , with the power of Parliament being nearly supreme (see parliamentary supremacy , although Spain did not use the Westminster system ). However, due to numerous issues, Spain was not ready to become a republic; after several crises the government collapsed, and the monarchy

4032-505: Was restored in 1874. The regime just after the First Republic is called the Bourbon Restoration . It was formally a constitutional monarchy , with the monarch as a rubberstamp to the Cortes' acts but with some reserve powers, such as appointing and dismissing the Prime Minister and appointing senators for the new Senate , remade as an elected House. In practice there was an artificial two-party system called El Turno Pacífico (peaceful rotation) in which elections were informally fixed so

4096-675: Was the first to provide formal national representation of the free urban citizens alongside the clergy and hereditary nobility. Subsequently, larger and more inclusive Cortes occurred in the Principality of Catalonia in 1192, the Kingdom of Portugal in 1211, the Kingdom of Castile in 1250, the Kingdom of Aragon in 1274, the Kingdom of Valencia in 1283, and Kingdom of Navarre in 1300. The Leonese and Castilian Corteses were merged in 1258, after which it provided representation to Burgos, Toledo, León, Seville, Córdoba, Murcia, Jaén, Zamora, Segovia, Ávila, Salamanca, Cuenca, Toro, Valladolid, Soria, Madrid, Guadalajara, and (after 1492) Granada. During

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