Spanish Constitution of 1978 (annotated)
PASSED BY THE CORTES GENERALES IN PLENARY MEETINGS OF THE CONGRESS OF DEPUTIES AND THE SENATE HELD ON OCTOBER 31, 1978
RATIFIED BY REFERENDUM OF THE SPANISH PEOPLE ON DECEMBER 7, 1978
SANCTIONED BY HIS MAJESTY THE KING BEFORE THE CORTES GENERALES ON DECEMBER 27, 1978
LIST OF ABBREVIATIONS
Add. Prov.: Additional Provisions
Final Prov. Final Provisions
SO: Standing Orders
Trans. Prov.: Transitional Provisions
PART I. Fundamental Rights and Duties
|Chapter 1. Spaniards and Aliens||13|
|Chapter 2. Rights and Liberties||14|
Division 1. Fundamental Rights and Public Liberties
Division 2. Rights and Duties of Citizens
|Chapter 3. Principles governing Economic and Social Policy||24|
|Chapter 4. Guarantees of Fundamental Rights and Liberties||28|
|Chapter 5. Suspension of Rights and Liberties||29|
|PART II. The Crown||29|
|PART III. The Cortes Generales (Parliament)||34|
|Chapter 1. Houses of Parliament||34|
|Chapter 2. Drafting of Bills||41|
|Chapter 3. International Treaties||45|
|PART IV. Government and Administration||47|
|PART V. Relations between the Government and the Cortes Generales||51|
|PART VI. Judicial Power||54|
|PART VII. Economy and Finance||58|
|PART VIII. Territorial Organization of the State||62|
|Chapter 1. General Principles||62|
|Chapter 2. Local Government||63|
|Chapter 3. Self-governing Communities||64|
|PART IX. The Constitutional Court||77|
|PART X. Constitutional Amendment||80|
We, don Juan Carlos I, King of Spain, announce to all those who may have knowledge of this: that the Cortes have passed and the Spanish people have ratified the following Constitution:
The Spanish Nation, desiring to establish justice, liberty, and security, and to promote the wellbeing of all its members, in the exercise of its sovereignty, proclaims its will to:
Guarantee democratic coexistence within the Constitution and the laws, in accordance with a fair economic and social order.
Consolidate a State of Law which ensures the rule of law as the expression of the popular will.
Protect all Spaniards and peoples of Spain in the exercise of human rights, of their culture and traditions, languages and institutions.
Promote the progress of culture and of the economy to ensure a dignified quality of life for all.
Establish an advanced democratic society, and Cooperate in the strengthening of peaceful relations and effective cooperation among all the peoples of the earth.
Therefore, the Cortes pass and the Spanish people ratifies the following.
A social and democratic State under the rule of law2, 6, 7, 9, 10, 117, 128 C1. Spain is hereby established as a social and democratic State, subject to the rule of law, which advocates freedom, justice, equality and political pluralism as highest values of its legal system.
National sovereignty56, 66, 117 C2. National sovereignty belongs to the Spanish people, from whom all State powers emanate.
Parliamentary monarchy56, 66, 97, 108 C3. The political form of the Spanish State is the Parliamentary Monarchy.
National unity and devolution to nationalities and regions1, 137-139, 143-148 CThe Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognises and guarantees the right to selfgovernment of the nationalities and regions of which it is composed and the solidarity among them all.
Language14, 139.1, 149.1.1 C1. Castilian is the official Spanish language of the State. All Spaniards have the duty to know it and the right to use it.
147, 148.1.17, Final Prov. C2. The other Spanish languages shall also be official in the respective Self-governing Communities in accordance with their Statutes.