The Legal System Of Spain

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Term Paper Title	The Legal System Of Spain
# of Words	3173
# of Pages (250 words per page double spaced)	12.69

The Legal System of Spain

The national government of Spain is composed of a parliamentary monarchy with a hereditary constitutional monarch as the head of state. Under the 1978 Constitution, power was centered in a bicameral legislature--the Cortes (comprising of the lower house, Congress of Deputies, and upper house, Senate). Both houses are elected by universal suffrage every four years, but the 350-member Congress of Deputies uses a proportional representation system, whereas the Senate contains 208 members elected directly as well as 49 regional representatives. The Congress of Deputies handles greater legislative power. The leader of the dominant political party in the Cortes is designated by the Prime Minister and serves as the head of government. The Prime minister, deputy Prime Minister, and cabinet ministers together make up the Council of Ministers, the highest national executive institution with both policy-making and administrative functions. The constitution also establishes an independent judiciary. The judicial system is headed by the Supreme Court. It also includes territorial courts, regional courts, provincial courts, courts of first instance, and municipal courts. The Constitutional Court resolves constitutional questions. The twenty-member General Council of the Judiciary appoints judges and maintains ethical standards within the legal profession. The constitution also provides for a public prosecutor and a public defender to protect both the rule of law and the rights of citizens.
The regional government is a traditionally centralized, unitary state; however, the 1978 Constitution recognizes and guarantees the right to autonomy of nationalities and regions of which the state is composed. In the late 1980s, the national territory was divided among seventeen autonomous communities, each encompassing one or more previously existing provinces. Each autonomous community was governed by statute of autonomy providing for a unicameral legislative assembly elected by universal suffrage. The assembly members select the president from their ranks. The executive and administrative power is exercised by the Council of Government, headed by the president and responsible to the assembly. The division of powers between the central government and the autonomous communities was imprecise and ambiguous in the late 1980s, but the state had an ultimate responsibility for financial matters and so could exercise a significant degree of control o...

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