Spain

Abstract

The present Constitution of Spain, drawn up by a Cortes Constituyentes, elected by universal suffrage in January 1869, bears date the 1st June, 1869, and was proclaimed at Madrid June 6. The fundamental laws of this charter are contained in sections 32 to 37, which decree: ‘All powers emanate from the nation. The form of government of the Spanish nation is the Monarchy. The power to make laws resides in the Cortes. The King sanctions and promulgates the laws. The executive power resides in the King, who exercises it by means of his Ministers. The tribunals exercise the judicial power. Questions of local interest to the population belong respectively to the Ayuntamientos and Provincial Assemblies.’ The extent of the royal power is defined in sections 67 to 70, as follows: ‘The person of the King is inviolable, and he is not subject to responsibility. The ministers are responsible. The King nominates and freely dismisses his ministers. The power to execute the laws resides in the King, and his authority extends to all that conduces to public order within, and public security without the State. The King disposes of the sea and land forces, declares war, makes and ratifies peace, giving afterwards documentary account to the Cortes—dando despues cuenta documentada á las Córtes.’ Section 73 makes the choice of a consort for the King and his heirs, and the right to abdicate the crown, dependent on the authorisation of the Cortes.