The Constitution of Spain
The Constitution of Spain

Author: Victor Ferreres Comella

Publisher: Bloomsbury Publishing

Published: 2013-05-13

Total Pages: 166

ISBN-13: 1782251340

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This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author: Anneli Albi

Publisher: Springer

Published: 2019-05-29

Total Pages: 1522

ISBN-13: 9462652732

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This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

1812 Echoes
1812 Echoes

Author: Stephen G.H. Roberts

Publisher: Cambridge Scholars Publishing

Published: 2013-07-26

Total Pages: 455

ISBN-13: 1443850837

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This book commemorates the bicentenary of the landmark Spanish Constitution of 1812. Drafted by Spanish and colonial Spanish American liberals (and non-liberals) holed up in Cadiz as Napoleon’s troops occupied the surrounding hills, this war-time Constitution set out radically to redefine ‘the Spanish nation’ for a new age. In the event, it divided Spaniards and threw into sharp relief the question of Spain’s legitimacy in her American colonies. Cadiz 1812 is a defining moment in the modern history of the Spanish-speaking world. Bringing together specialists in the history, politics and culture of Spain and Latin America (the Cadiz text was a cultural and ethnic document as much as a politico-legal one), this volume represents the only large-scale commemoration in the UK of one of the world’s first liberal constitutional tracts. The point of the book, however, as of the conference and accompanying exhibition on which it is based, is not solely to reflect on the significance and repercussions of Cadiz 1812 on both sides of the Hispanic Atlantic at the time. The book also considers later interpretations of Cadiz 1812 and examines, in addition, other constitutions in the Spanish-speaking world beyond 1812. Subjects treated include: Spain’s crisis of absolutism; the Inquisition before the Constitution; liberalism and Catholicism; discourses of the 1812 Constitution; the question of sovereignty; political theatre during the Napoleonic invasion; Goya; the Spanish crisis in the British press; Lord Holland and Blanco White; Pérez Galdós’s Cádiz; futuristic literary representations of Spain’s nineteenth-century crisis; political and philosophical echoes in Latin America in the nineteenth and twentieth centuries – in Cúcuta, Mexico, Argentina and Cuba; and, finally, politico-philosophical echoes in Spain – in the Liberal Triennium, in the mid-nineteenth century, in the Spanish Second Republic, in 1978, and in 2011 in the midst of the financial (but it is also a constitutional) crisis. The volume includes a specially-conducted interview with Spanish politician Alfonso Guerra, one of the figures behind the Spanish Constitution of 1978.

Spain's Transition to Democracy
Spain's Transition to Democracy

Author: Andrea Bonime-blanc

Publisher:

Published: 2019-10-02

Total Pages: 182

ISBN-13: 9780367288525

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After the death of longtime dictator Generalissimo Franco in 1975, King Juan Carlos acted decisively to institute a dramatic change in Spanish politics. By appointing an unknown Christian democrat, Adolfo Suarez, as prime minister, the king paved the way for the transformation of Spain from an authoritarian regime to a liberal democracy. Central to this singular transition was the formulation of the new Spanish constitution, an unusual process of political give and take. Dr. Bonime-Blanc examines the evolutionary phases of the constitution-making process, describing the conflicts, maneuvers, and compromises of the principal political players involved. Analyzing the negotiations and their constitutional results, she pinpoints the factors that make a successful transition to democracy possible. In her closing chapter, the author illustrates the lessons of the Spanish case and their practical implications for future transitions to democracy.

The Federalization of Spain
The Federalization of Spain

Author: Luis Moreno

Publisher: Routledge

Published: 2013-10-11

Total Pages: 197

ISBN-13: 1135275661

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Traces the origins of the complex system of devolution and regional home rule that currently shapes and directs the Spanish political process.

The Independence of Spanish America
The Independence of Spanish America

Author: Jaime E. Rodríguez O.

Publisher: Cambridge University Press

Published: 1998-05-13

Total Pages: 300

ISBN-13: 9780521626736

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This book provides a new interpretation of Spanish American independence, emphasising political processes.

Spain and the Independence of the United States: An Intrinsic Gift
Spain and the Independence of the United States: An Intrinsic Gift

Author: Thomas E. Chávez

Publisher: UNM Press

Published: 2002-04-11

Total Pages: 331

ISBN-13: 0826327958

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The role of Spain in the birth of the United States is a little known and little understood aspect of U.S. independence. Through actual fighting, provision of supplies, and money, Spain helped the young British colonies succeed in becoming an independent nation. Soldiers were recruited from all over the Spanish empire, from Spain itself and from throughout Spanish America. Many died fighting British soldiers and their allies in Central America, the Caribbean, along the Mississippi River from New Orleans to St. Louis and as far north as Michigan, along the Gulf Coast to Mobile and Pensacola, as well as in Europe. Based on primary research in the archives of Spain, this book is about United States history at its very inception, placing the war in its broadest international context. In short, the information in this book should provide a clearer understanding of the independence of the United States, correct a longstanding omission in its history, and enrich its patrimony. It will appeal to anyone interested in the history of the Revolutionary War and in Spain's role in the development of the Americas.

Riding the Populist Wave
Riding the Populist Wave

Author: Tim Bale

Publisher: Cambridge University Press

Published: 2021-08-26

Total Pages: 371

ISBN-13: 1009007114

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In spite of the fact that Conservative, Christian democratic and Liberal parties continue to play a crucial role in the democratic politics and governance of every Western European country, they are rarely paid the attention they deserve. This cutting-edge comparative collection, combining qualitative case studies with large-N quantitative analysis, reveals a mainstream right squeezed by the need to adapt to both 'the silent revolution' that has seen the spread of postmaterialist, liberal and cosmopolitan values and the backlash against those values – the 'silent counter-revolution' that has brought with it the rise of a myriad far right parties offering populist and nativist answers to many of the continent's thorniest political problems. What explains why some mainstream right parties seem to be coping with that challenge better than others? And does the temptation to ride the populist wave rather than resist it ultimately pose a danger to liberal democracy?

Speaking of Spain
Speaking of Spain

Author: Antonio Feros

Publisher: Harvard University Press

Published: 2017-04-03

Total Pages: 380

ISBN-13: 067497932X

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Momentous changes swept Spain in the fifteenth century. A royal marriage united Castile and Aragon, its two largest kingdoms. The last Muslim emirate on the Iberian Peninsula fell to Spanish Catholic armies. And conquests in the Americas were turning Spain into a great empire. Yet few in this period of flourishing Spanish power could define “Spain” concretely, or say with any confidence who were Spaniards and who were not. Speaking of Spain offers an analysis of the cultural and political forces that transformed Spain’s diverse peoples and polities into a unified nation. Antonio Feros traces evolving ideas of Spanish nationhood and Spanishness in the discourses of educated elites, who debated whether the union of Spain’s kingdoms created a single fatherland (patria) or whether Spain remained a dynastic monarchy comprised of separate nations. If a unified Spain was emerging, was it a pluralistic nation, or did “Spain” represent the imposition of the dominant Castilian culture over the rest? The presence of large communities of individuals with Muslim and Jewish ancestors and the colonization of the New World brought issues of race to the fore as well. A nascent civic concept of Spanish identity clashed with a racialist understanding that Spaniards were necessarily of pure blood and “white,” unlike converted Jews and Muslims, Amerindians, and Africans. Gradually Spaniards settled the most intractable of these disputes. By the time the liberal Constitution of Cádiz (1812) was ratified, consensus held that almost all people born in Spain’s territories, whatever their ethnicity, were Spanish.

Judicial Power
Judicial Power

Author: Christine Landfried

Publisher: Cambridge University Press

Published: 2019-02-07

Total Pages: 411

ISBN-13: 1316999084

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The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.