Isabella Carter
The Spanish Constitution has only been amended three times since 1978, with the most recent change occurring in 2024. The process of amending the Spanish Constitution is detailed in Part X of the constitution. Amendments can be proposed by the Government, the Congress of Deputies, or the Senate, and must be approved by a three-fifths majority in both the Congress and the Senate. If there is disagreement between the chambers, a mixed committee will present an agreed text to both chambers for a vote. Even if this procedure fails, as long as the amendment passes with a simple majority in the Senate, Congress may still pass it with a two-thirds majority. The amendment process also allows for the involvement of the Parliaments of the Autonomous Communities, who can propose amendments to the Congress or Government, and for the King, who must give his assent to bills within 15 days.
| Characteristics | Values |
|---|---|
| Number of amendments since 1978 | 3 |
| Year of Amendments | 1992, 2011, 2024 |
| Reason for Amendment in 1992 | To allow citizens of other European Union member states to run as candidates in municipal elections |
| Reason for Amendment in 2011 | To meet EU rules on public deficits amid the eurozone's debt crisis |
| Reason for Amendment in 2024 | To replace the term "handicapped" with "persons with a disability" |
| Who can propose constitutional amendments? | The Government, the Congress of Deputies or the Senate |
| Who else can propose constitutional amendments? | The Parliaments of the Autonomous Communities |
| What is the approval requirement for amendments? | Three-fifths majority by both the Congress of Deputies and the Senate |
| What if there is a disagreement between the Chambers? | A mixed committee will present an agreed text to both chambers for a vote |
| What if the procedure fails? | Congress may pass the amendment with a two-thirds majority, provided it passed with a simple majority in the Senate |
| Who can request a referendum? | One-tenth of either deputies or senators within 15 days of passage |
| What is the process for a total revision of the Constitution? | The principle of the proposed reform shall be approved by a two-thirds majority of the members of each House, and the Cortes Generales shall immediately be dissolved |
| What is the next step after the Houses are dissolved? | The newly elected Houses must ratify the decision, examine the new constitutional text, and pass it by a two-thirds majority |
| When is the process of constitutional amendment prohibited? | During a time of war or under any of the states contemplated in section 116 |
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What You'll Learn
- Constitutional amendments must be proposed by the Government, Congress of Deputies, Senate, or Autonomous Communities
- Amendments must be approved by a three-fifths majority in both the Congress of Deputies and the Senate
- If there is a disagreement between the Chambers, a mixed committee will present an agreed text to both chambers for a vote
- If the amendment is passed by the Cortes Generales, it may be submitted to a referendum if requested by one-tenth of deputies or senators
- The process of constitutional amendment cannot be initiated during war or under states contemplated in section 116
Constitutional amendments must be proposed by the Government, Congress of Deputies, Senate, or Autonomous Communities
The Spanish Constitution has been amended three times since 1978: in 1992, 2011, and 2024. The process of constitutional amendment may not be initiated during wartime or under any of the states contemplated in section 116.
There are two methods of amending the Spanish Constitution. Firstly, constitutional amendments must be proposed by either the Government, the Congress of Deputies, or the Senate. Secondly, the Parliaments of the Autonomous Communities can propose a constitutional amendment to the Congress or the Government, but they cannot propose an amendment directly.
In the first method, the Government, Congress of Deputies, or Senate can propose a constitutional amendment by submitting a bill. The bill must then be approved by a majority of three-fifths of the members of each House. If there is no agreement between the Houses, a Joint Committee of an equal number of Members of Congress and Senators will be set up to submit a text to be voted on by both the Congress and the Senate. If approval is still not obtained, and provided that the text has been passed by the overall majority of the Senate, the Congress may pass the amendment by a two-thirds vote.
In the second method, the Autonomous Communities can propose a constitutional amendment by sending a draft Statute of Autonomy to an assembly consisting of members of the Provincial Council or inter-island body of the provinces concerned, and the respective Members of Congress and Senators elected in them. The assembly will then send the draft to the Cortes Generales for its drafting as an Act. The Statutes of Autonomy are the basic institutional rules of each Autonomous Community, and they must be recognized and protected by the State as an integral part of its legal system.
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Amendments must be approved by a three-fifths majority in both the Congress of Deputies and the Senate
The Spanish Constitution has been amended three times since 1978, with the last amendment taking place in 2024. The process of amending the Spanish Constitution is a detailed one. The Government, the Congress of Deputies, or the Senate can propose constitutional amendments. The Parliaments of the Autonomous Communities can also propose a constitutional amendment to the Congress or the Government, but they cannot propose an amendment directly.
A referendum is not required for an amendment to be made. However, one-tenth of either deputies or senators may request that the amendment be put to a referendum within 15 days of the amendment's passage. The process of constitutional amendment cannot be initiated during a time of war or under any of the states contemplated in Section 116.
The Spanish Constitution is based on the "indissoluble unity" of the Spanish Nation and recognises the right to autonomy of the nationalities and regions that compose it. It also establishes Castilian as the official Spanish language, with all Spaniards having the duty to know it and the right to use it. The Constitution also recognises the richness of the different linguistic modalities of Spain as a cultural heritage that shall be respected and protected.
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If there is a disagreement between the Chambers, a mixed committee will present an agreed text to both chambers for a vote
The Spanish Constitution has undergone three amendments since 1978, with the latest one being in 2024. The process of amending the Spanish Constitution involves two methods. Firstly, the Government, the Congress of Deputies, or the Senate can propose constitutional amendments. Secondly, the Parliaments of the Autonomous Communities can propose amendments to the Congress or the Government, but they cannot propose amendments directly.
In the event of a disagreement between the Chambers, a mixed committee composed of an equal number of Members of Congress and Senators will be formed. This committee will work together to draft and present a mutually agreed-upon text to both chambers for a vote. This process is designed to facilitate consensus and resolve differences between the Chambers.
The mixed committee approach is a crucial mechanism for navigating disagreements during the amendment process. It encourages collaboration and dialogue between the Chambers, allowing for the consideration of diverse perspectives and interests. The committee's primary task is to find common ground and develop a text that can be supported by both chambers.
The formation of the mixed committee is triggered when there is a lack of agreement between the Houses on a bill. This committee is composed of representatives from both chambers, ensuring that all stakeholders are involved in the decision-making process. The committee's goal is to find a compromise that respects the positions of both chambers and presents a unified text that can be voted on.
The text presented by the mixed committee is then submitted to both chambers for a vote. This vote represents a second chance for the chambers to express their agreement or disagreement with the proposed amendment. By requiring the approval of both chambers, the process ensures that any changes to the constitution reflect a broad consensus among the legislative bodies involved.
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If the amendment is passed by the Cortes Generales, it may be submitted to a referendum if requested by one-tenth of deputies or senators
The Spanish Constitution has been amended three times since 1978, with the latest change being made in 2024. The process of constitutional amendment begins with a proposal for a total or partial revision of the Constitution. This proposal must be approved by a two-thirds majority in each House, and the Cortes Generales is dissolved. The newly elected Houses must then ratify the decision and examine the new constitutional text, which must also be passed by a two-thirds majority in each House.
Once the amendment has been passed by the Cortes Generales, it can be submitted to a referendum for ratification. This referendum can be requested by one-tenth of the members of either House within fifteen days of the amendment's passage. This process ensures that significant changes to the Constitution are approved by a wide majority and allows for further input and approval from the Spanish citizens if needed.
The Cortes Generales plays a crucial role in this process. It can delegate to the Government the power to issue rules with the force of an act of Parliament on specific matters not covered in the Constitution. This delegation must be expressly granted for a concrete matter and within a fixed time limit. Additionally, the Cortes Generales is responsible for ensuring compliance with international treaties and resolutions to which constitutional powers have been transferred.
The Spanish Constitution has a robust framework for amendments, with the involvement of the Cortes Generales, the Houses, and, in some cases, a referendum. This process allows for necessary changes while maintaining the stability and integrity of the Constitution.
In conclusion, the process of amending the Spanish Constitution involves several steps, including proposals, approvals, and ratifications. The Cortes Generales is a key player in this process, and the involvement of the Houses and, occasionally, a referendum ensures a comprehensive approach to constitutional changes.
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The process of constitutional amendment cannot be initiated during war or under states contemplated in section 116
The Spanish Constitution has been amended three times since 1978, with the last amendment taking place in 2024. The process of constitutional amendment is outlined in Part X of the Constitution.
The process of amending the Spanish Constitution cannot be initiated during times of war or under states contemplated in Section 116. This restriction is in place to ensure stability and prevent hasty changes to the nation's fundamental laws during periods of crisis or conflict. It recognises that war or similar states of emergency require the full attention and focus of the government, and that constitutional amendments are complex and require careful consideration.
Section 116 of the Spanish Constitution outlines specific emergency scenarios that would impede the initiation of constitutional amendment. These scenarios include:
- A state of emergency: This is declared when there is a "disturbance of public order, occurrences or calamities of public nature," and it grants the government special powers to restore order and protect citizens.
- A state of siege: This is a more severe form of emergency, declared when a state of emergency is deemed insufficient to address a serious disruption of public order or constitutional stability. It involves the suspension of certain civil liberties and the deployment of the armed forces.
- Martial law: This is the most extreme emergency measure, imposed when the nation faces an imminent threat or is already under attack. It involves the suspension of civil rights and the direct rule of the military.
These emergency provisions are designed to safeguard Spain's constitutional order and ensure that the government has the necessary tools to respond effectively to extraordinary situations. However, they also recognise that during such critical periods, the focus must remain on resolving the crisis rather than undergoing the intricate process of amending the Constitution.
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Frequently asked questions
The Government, the Congress of Deputies, or the Senate can propose constitutional amendments. The Parliaments of the Autonomous Communities can also propose a constitutional amendment to the Congress or the Government, but cannot propose an amendment directly.
A constitutional amendment must be approved by a three-fifths majority by both the Congress of Deputies and the Senate. If there is a disagreement between the Chambers, a mixed committee will present an agreed text to both chambers for a vote. If this procedure fails, the amendment must pass with a simple majority in the Senate, and then Congress may pass the amendment with a two-thirds majority. If one-tenth of either deputies or senators requests a referendum within 15 days, the amendment will be put to a referendum.
The Cortes Generales must pass the amendment before it can be submitted to ratification by referendum. The Cortes Generales may also delegate to the Government the power to issue rules with the force of an act of Parliament on specific matters not included in the Constitution.
There have been three amendments to the Spanish Constitution since 1978: in 1992, 2011, and 2024. The 1992 amendment allowed citizens of other European Union member states to run as candidates in municipal elections. The 2011 amendment was made to meet EU rules on public deficits amid the eurozone debt crisis. The 2024 amendment replaced the term "handicapped" with "persons with a disability" in Article 49.
