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libertad y la seguridad y promover el bien de cuantos la integran en uso de su soberanía proclama su voluntad de by juan carlos i king of spain to all who see and understand it know that the cortes have approved and the spanish people ratified the following constitution the spanish nation wishing to establish justice liberty and security and to promote the welfare of all who make part of it in use of her sovereignty proclaims its will to garantizar la convivencia democrática dentro de la constitución y de las leyes conforme a un orden económico y social justo guarantee democratic life within the constitution and the laws according to a just economic and social order consolidar un estado de derecho que asegure el imperio de la ley como expresión de la voluntad popular consolidate a state ensuring the rule of law as an expression of the will of the people proteger a todos los españoles y pueblos de españa en el ejercicio de los derechos humanos sus culturas y tradiciones lenguas e instituciones protect all spaniards and all the peoples of spain in the exercise of human rights their cultures and traditions languages and institutions promover el progreso de la cultura y de la economía para asegurar a todos una digna calidad de vida promote the progress of culture and the economy to ensure a dignified quality of life for all establecer una sociedad democrática avanzada y establish an advanced democratic society and colaborar en el fortalecimiento de unas relaciones pacíficas y de eficaz cooperación entre todos los pueblos de la tierra collaborate in the strengthening of peaceful and efficient cooperation among all the peoples of the earth en consecuencia las cortes aprueban y el pueblo español ratifica la siguiente constitución consequently the cortes approve and the spanish people ratify the following constitution preliminary title edit section 1 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 sovereignty belongs to the spanish people from whom all state powers emanate the political form of the spanish state is the parliamentary monarchy section 2 the constitution is based on the indissoluble unity of the spanish nation the common and indivisible homeland of all spaniards it recognizes and guarantees the right to self government of the nationalities and regions of which it is composed and the solidarity among them all 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 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 fundamental rights and duties edit this section needs expansion you can help by adding missing information august 2018 part i of the spanish constitution encompasses sections 10 to 55 establishing fundamental rights and duties the scope of 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 3 the effect of fundamental rights is twofold they are subjective rights to be exercised both individually and collectively 4 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 spaniards and aliens edit 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 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 5 the right to honour 6 the right to due process of law 7 freedom of speech 8 and the inviolability of the home 9 are included chapter two rights and freedoms edit chapter two begins with section 14 an equal rights clause section one fundamental rights and freedoms section one sections 15 to 29 includes an enumeration of fundamental rights and public freedoms this section 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 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 other rights and obligations section two of chapter two sections 30 to 38 includes 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 a market economy which can be subject to government planning section 38 chapter three governing principles of economic and social policy edit 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 a public pension system a social security system public healthcare and cultural rights chapter four guarantees for fundamental rights and freedoms edit 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 10 11 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 the executive power 12 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 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 the due process of law including the process of habeas corpus 13 14 15 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 16 17 part ii crown edit main article monarchy of spain see also king felipe vi of spain king felipe s royal insignia 18 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 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 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 19 some jurists say that this only refers to criminal procedures while others claim this immunity 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 the king cannot be judged for actions that he is constitutionally obligated to perform refrendo edit main article royal assent 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 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 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 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 king s functions in the spanish state edit felipe vi takes the oath before the cortes generales during the proclamation ceremony at the palacio de las cortes madrid the 19th of june 2014 article 62 of 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 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 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 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 succession to the crown edit main article monarchy of spain succession and regency the succession to the crown is regulated in article 57 which establishes 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 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 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 the organic act 4 2014 modified the organic act of the judiciary to al...