Spain

By Alex Brigham ‘28

Overview:

Spain has a rich and complicated history that has formed it into the country it is today. Located in Southwest Europe on the Iberian Peninsula, it functions as a democratic parliamentary monarchy. The King plays the role of head of state while the Prime Minister is head of government. The Spanish constitution, established in 1978, acts as the supreme law of Spain, dividing power among legislative, executive, and judicial branches. 

Key points in Spanish history:

Between 1873 and 1874, the first Spanish Republic was established. However, in 1936, an uprising occurred that aimed to overthrow this republic, sparking the Spanish Civil War. In 1939, the Nationalists won, resulting in a dictatorship under Francisco Franco until he died in 1975. Following Franco’s death, Spain shifted to a parliamentary monarchy and adopted a democratic constitution in 1978. During this transition, political leaders passed the Spanish amnesty law of 1977, granting criminal immunity to individuals who committed crimes during the civil war or under Franco's dictatorship. Essentially, the goal was to leave the past in the past and work towards promoting a stable democratic system. However, this law has been criticized by international organizations, claiming that it strips victims of the right to justice. 

During Spain’s transition to democracy and the formation of a new constitution, Juan Carlos I was established as King of Spain and Adolfo Suarez as the prime minister through the first democratic elections. This Constitution allowed for regions within Spain to claim self-governance, through the “statutes of autonomy.” Between 1979 and 1983, the 17 autonomous communities of Spain were formed, each divided into provinces and then cities. 

In addition, the new political order legalized all political parties. The two main parties became the conservative-liberal UCD and socialist PSOE, both of which obtained a similar number of seats in the first parliament. During this time, Spain was in an economic crisis due to the transition from a dictatorship to democracy. To address this, representatives from the main political parties created the Pactos de la Moncloa, signed in October 1977. This established moderation between the government and employers or trade unions, aiming to combat this economic crisis while supporting the control of democracy. Overall, Spain had a relatively quick transition to democracy under this new constitution and aimed to unify the Spanish nation.

Source of law:

The main source of law in Spain is its Constitution, which was ratified on December 27th, 1978. This Constitution outlines the fundamental rights and freedoms of the Spanish people as well as the powers of the parliamentary monarchy. Article 1.1 of the Spanish Constitution states that Spain is a social and democratic state governed by the rule of law. This means that certain fundamental rights of the Spanish people must be protected, and they can elect their political representatives. Additionally, in Article 1.3, it declares Spain as a parliamentary monarchy, meaning that Spain has a King, but the laws are established through parliament, made up of elected officials. This Constitution can be amended under sections 166-169; the constitutional amendments must be approved by three-fifths of the members of each house.

Legislative power:

The Cortes Generales is the official name of the Spanish parliament, it functions as a bicameral system. This is divided into two houses, the Congress of Deputies and the Senate. The main objectives of each are defined in Article 3 of the Constitution. The members of each house are elected every four years by the people of Spain. Their primary functions are to pass legislation and approve the government’s budget while also holding those in power accountable. Although both houses perform these objectives, their specific roles differ slightly. The Plenary refers to the full Cortes Generales sessions, which occur twice a year, February-June and September-December, as declared by the Constitution, although it is not uncommon for them to meet more often. This serves as the main governing body for decision-making regarding major legislation.

The Congress of Deputies, also known as the lower house, has 300-400 deputies elected by popular vote through proportional representation of the Spanish provinces. Each elected deputy serves for four years before another election occurs. They are to attend and vote during plenary sittings and any committee meetings. Additionally, they may propose questions for the government and support legislative proposals or amendments. One of the unique functions of the Congress of Deputies is that the King proposes to them a candidate for prime minister, who then shares their political plans. This candidate is voted on by the plenary. If they receive an absolute majority in the first vote or a simple majority in the second vote, the King will appoint them as prime minister. 

The Senate, also known as the upper house, is composed of 265 members who each serve for four years. Of these members, 208 are elected through direct universal suffrage, with the remaining members being appointed by the assemblies of the autonomous communities. The Senate acts as a chamber of territorial representation related to the autonomous communities of Spain. They essentially oversee legal actions and agreements between the autonomous communities.

Executive power:

The government of Spain facilitates and oversees domestic and foreign policy, along with military administration. The prime minister, also known as the president of the government, serves as the head of government, while the King serves as the head of state. The prime minister is elected by the Congress of Deputies, not directly by the people, the current prime minister being Pedro Sánchez. There can be a varying number of vice presidents; for example, there are currently three vice presidents, all of whom are women. The responsibilities of the vice presidents include supporting the prime minister's work and performing any duties assigned by the prime minister. In the case of the prime minister's absence, one of the vice presidents would supersede him; there is an order to their succession. 

The ministers are the connection between the government and administration; they facilitate political action in relation to the department to which they are assigned. Each is chosen by the prime minister but officially appointed by the King. They form the Council of Ministers, which acts as the main body for decision-making regarding government policy. The ministers participate in weekly meetings and regularly meet in smaller subcommittees to address cross-departmental issues. Essentially, each minister serves as the representative for a specific department, such as foreign affairs, home affairs, education, or agriculture.

Judicial system: 

The basis of Spain's legal system stems from the 1978 constitution, the judiciary being composed of both national and territorial courts. On the national level, there is the Supreme Court, the national court, and the constitutional court. The Supreme Court, located in Madrid, is the highest in Spain. It is composed of the president of the court, a deputy president, the presidents of each of its five chambers, and 84 judges. The five chambers include criminal, civil, administrative, labor, and military. The National Court of Spain is also located in Madrid, acting as a bridge between territorial courts and the Supreme Court. The national court handles cases that occur over more than one province within Spain. These could include terrorism, financial crime, or drug trafficking. The constitutional court is a unique court separate from the traditional court system. This court acts as the primary interpreter of the Spanish constitution and decides the constitutionality of laws and regulations established by parliament.

The territorial courts include high courts of justice and provincial courts. Each of Spain’s 17 autonomous regions has its own high courts of justice, these being the highest courts within those regions. Similar to the Supreme Court, these courts are organized into four main divisions: civil, criminal, judicial review, and labor. Next, there are provincial courts, one for each of Spain's fifty provinces. They are located in the capital of the province they serve and handle civil or criminal cases.  

Criminal justice system: 

Spain's criminal justice system is largely based on the criminal civil act and the Spanish penal code. The penal code was adopted in 1995 and emphasizes the importance of recognizing legality and fundamental rights. Additionally, Spain follows the civil law tradition, meaning their legal system is based on written codes. Within this system, the judges act as investigators who utilize these codes to decide cases. The judges collect evidence and statements, and then will decide if the case continues on to trial. After this, they would proceed to an oral trial where the evidence is presented, and arguments would be made before the judge. The individuals being accused have rights, including access to legal representation and being informed of their charges. 

Despite Spain being a civil law country, in 1995 they established jury trials only in cases committed by civil servants. However, this would be in specific criminal cases such as murder or embezzlement. The jury consists of nine members and two alternates who are selected from twenty prospective jurors. The jury will decide if the defendant is guilty or innocent based on the evidence presented, and this decision requires a majority vote. 

Conclusion:

Overall, Spain’s current system is a result of a complex history, which led to the establishment of the 1978 constitution. After successfully transitioning from Franco’s dictatorship to a parliamentary monarchy, Spain established institutions that aim to protect citizens' rights and promote government accountability. Today, Spain remains a stable country governed by the rule of law.

Alex Brigham is a sophomore majoring in political science.

Sources

Caudevilla Cuyás Esteban and Luque Priego Gloria. “Overview of the Spanish Legal System and Legal Research.” March/April 2023. https://www.nyulawglobal.org/globalex/spain1.html 

“The Congress of Deputies: features and constitutional functions.” February 18th 2026. https://www.congreso.es/en/cem/func  

“Spain | Judiciaries Worldwide.” n.d. https://judiciariesworldwide.fjc.gov/country-profile/spain 

“La Moncloa.” n.d. https://www.lamoncloa.gob.es/lang/en/Paginas/index.aspx 

“Pritzker Legal Research Center: Spain: International Team Project: Foreign Law.” n.d. https://library.law.northwestern.edu/Spain/SpanishLegalSystem 

Moreno, Luis, César Colino, Angustias Hombrado, and Forum of Federations. “Spain: Constitutional Transition Through Gradual Accommodation of Territories.” Occasional Paper. 2019. https://constitutionnet.org/sites/default/files/2019-06/Spain_37.pdf