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Spain's political system is a multi-party system, but since the 1990s two parties
have been predominant in politics, the Spanish Socialist Workers' Party (PSOE) and
the People's Party (PP). Regional parties, mainly the Basque Nationalist Party
(EAJ-PNV), from the Basque Country, and Convergence and Union (CiU) and the
Republican Left of Catalonia (ERC), from Catalonia, have also played key roles in
Spanish politics. Members of the Congress of Deputies are selected through
proportional representation, and the government is formed by the party or coalition
that has the confidence of the Congress, usually the party with the largest number
of seats. Since the Spanish transition to democracy, when parties failed to obtain
absolute majorities, the tendency was to form minority governments. However, this
tendency was broken in 2020 with the formation of the Second government of Pedro
Sánchez, formed by members of the Spanish Socialist Workers' Party and Unidas
Podemos, as well as independents proposed by both parties. This was the first
nationwide coalition government to be formed in Spain since the Second Spanish
Republic.
The Economist Intelligence Unit downgraded Spain from full democracy to "flawed
democracy" in 2022, because of concerns about its judicial independence, given the
"political divisions over the appointment of new magistrates to the General Council
of the Judiciary (CGPJ)".[4] Spain returned to the label of full democracy in 2023.
[5]
According to the V-Dem Democracy indices, in 2023 Spain was the 11th most
electorally democratic country in the world.[6]
The Crown
Main article: Monarch of Spain
The King and his functions
The King is proclaimed by the Cortes Generales – the Parliament – and must take an
oath to carry out his duties faithfully, to obey the constitution and all laws and
to ensure they are obeyed, and to respect the rights of the citizens, as well as
the rights of the autonomous communities.[9]
In practical terms, his duties are mostly ceremonial, and constitutional provisions
are worded in such a way as to make clear the strict neutral and apolitical nature
of his role.[11][12] In fact, the Fathers of the Constitution made careful use of
the expressions "it is incumbent upon of the King", deliberately omitting other
expressions such as "powers", "faculties" or "competences", thus eliminating any
notion of monarchical prerogatives within the parliamentary monarchy.[13] In the
same way, the King does not have supreme liberty in the exercise of the
aforementioned functions; all of these are framed, limited or exercised "according
to the constitution and laws", or following requests of the executive or
authorizations of the legislature.[13]
The king is the commander-in-chief of the Spanish Armed Forces, but has only
symbolic, rather than actual, authority over the Spanish military.[12] Nonetheless,
the king's function as the commander-in-chief and symbol of national unity have
been exercised, most notably in the military coup of 23 February 1981, where King
Juan Carlos I addressed the country on national television in military uniform,
denouncing the coup and urging the maintenance of the law and the continuance of
the democratically elected government, thus defusing the uprising.[12]
Succession line
The Spanish Constitution, promulgated in 1978, established explicitly that Juan
Carlos I is the legitimate heir of the historical dynasty.[14] This statement
served two purposes. First, it established that the position of the King emanates
from the constitution, the source from which its existence is legitimized
democratically. Secondly, it reaffirmed the dynastic legitimacy of the person of
Juan Carlos I, not so much to end old historical dynastic struggles – namely those
historically embraced by the Carlist movement – but as a consequence of the
renunciation to all rights of succession that his father, Juan de Borbón y
Battenberg, made in 1977.[15] Juan Carlos I was constitutional king of Spain from
1978 to 2014. He abdicated in favor of his son Felipe VI.
Legislature
Main article: Cortes Generales
Legislative power is vested in the Spanish Parliament, the Cortes Generales
(literally "General Courts",[16] but rarely translated as such). "Cortes" has been
the historical and constitutional name used since Medieval Times. The qualifier
"General", added in the Constitution of 1978, implies the nationwide character of
the Parliament, since the legislatures of some autonomous communities are also
labeled "Cortes".[17] The Cortes Generales are the supreme representatives of the
Spanish people. This legislature is bicameral, made up of the Congress of Deputies
(Spanish: Congreso de los Diputados) and the Senate (Spanish: Senado). The General
Courts exercise the legislative power of the State, approving the budget and
controlling the actions of the government. As in most parliamentary systems, more
legislative power is vested in the lower chamber, the Congress of the Deputies.[12]
The Speaker of Congress, known as "president of the Congress of Deputies" presides
a joint-session of the Cortes Generales.
Each chamber of the Cortes Generales meets at separate precincts, and carry out
their duties separately, except for specific important functions, in which case
they meet in a joint session. Such functions include the elaboration of laws
proposed by the executive ("the Government"), by one of the chambers, by an
autonomous community, or through popular initiative; and the approval or amendment
of the nation's budget proposed by the prime minister.[11]
The Congress of Deputies can initiate legislation, and they also have the power to
ratify or reject the decree laws adopted by the executive. They also elect, via a
vote of investiture, the prime minister (the "president of the Government"), before
being formally sworn to office by the King.[11] The Congress of Deputies may adopt
a motion of censure whereby it can vote out the prime minister by absolute
majority. On the other hand, the prime minister may request at any time a vote of
confidence from the Congress of Deputies. If the prime minister fails to obtain it,
then the Cortes Generales are dissolved, and new elections are called.