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Constitutional Court Of Spain
The Constitutional Court () is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX (sections 159 through 165) of the Constitution of Spain, and further governed by Organic Laws 2/1979 (Law of the Constitutional Court of 3 October 1979), 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The Court is the "supreme interpreter" of the Constitution, but since the Court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters. Powers The Court was established along the lines of the Kelsenian model of constitutional justice, also called the European Model because it has been adopted by most European countries. Unlike the main alternative, the American model, the features of the Kelsenian model are that only a constitutional court is empowered to find that a statute is unconstitutiona ...
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Spain
Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Europe and the fourth-most populous European Union member state. Spanning across the majority of the Iberian Peninsula, its territory also includes the Canary Islands, in the Eastern Atlantic Ocean, the Balearic Islands, in the Western Mediterranean Sea, and the Autonomous communities of Spain#Autonomous cities, autonomous cities of Ceuta and Melilla, in mainland Africa. Peninsular Spain is bordered to the north by France, Andorra, and the Bay of Biscay; to the east and south by the Mediterranean Sea and Gibraltar; and to the west by Portugal and the Atlantic Ocean. Spain's capital and List of largest cities in Spain, largest city is Madrid, and other major List of metropolitan areas in Spain, urban areas include Barcelona, Valencia, Seville, ...
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Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian and later American jurist, legal philosopher and political philosopher. He is known principally for his theory of law, which he named the " pure theory of law (''Reine Rechtslehre'')", and for his writings on international law and theory of democracy. The "pure theory" provides general foundations for value-independent description of law. As an expert on constitutional law, Kelsen was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation. The rise of totalitarianism forced him out of Austria, then to Germany and to Switzerland and in 1940 to the United States. Although in 1934 Roscoe Pound lauded Kelsen as "unquestionably the leading jurist of the time", the pure theory was rarely understood in the United States and Kelsen was never given a permanent position in a law school. He was employed in the department of politics at the University of California, Berke ...
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General Council Of The Judicial Power Of Spain
The General Council of the Judiciary (, CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court. Constitutional nature The Constitution of 1978 regulates the General Council of the Judiciary in paragraphs 2 and 3 of the section 122. This means that, the Constitution only detail the way of election of the eight members of the CGPJ that they will be chosen between the most renowned jurists. It requires a minimum of 15 years of experience. Four of them must to be chosen by the Congress and the other four by the Senate. Both case requires a majority of three fifths of the members of every Chamber to be elected member of the CGPJ. Otherwise, for the election of the twelv ...
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Spanish Senate
The Senate () is the upper house of the , which along with the Congress of Deputies – the Lower house, lower chamber – comprises the Parliament of the Kingdom of Spain. The Senate meets in the Palacio del Senado, Palace of the Senate in Madrid. The presiding officer of the Senate is the President of the Senate of Spain, president of the Senate, who is elected by the members at the first sitting after each national election. The composition of the Senate is established in Spanish Constitution#Part III: Cortes Generales, Part III of the Spanish Constitution. Each senator represents a Provinces of Spain, province, an Autonomous city#Spain, autonomous city or an Autonomous Community, autonomous community. Each mainland province, regardless of its population size, is equally represented by four senators; in the insular provinces, the larger islands are represented by three senators and the minor islands are represented by a single senator. Likewise, the autonomous cities of Ceuta ( ...
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Congress Of Deputies
The Congress of Deputies () is the lower house of the , Spain's legislative branch, the upper house being the Senate of Spain, Senate. The Congress meets in the Palacio de las Cortes, Madrid, Palace of the Parliament () in Madrid. Congress has 350 members elected from fifty-two Constituency, constituencies (the fifty Provinces of Spain, provinces and two Autonomous cities of Spain, autonomous cities) using closed list D'Hondt method, D'Hondt proportional representation. Deputies serve four-year terms. The presiding officer and speaker is the President of the Congress of Deputies, who is elected by the members at the first sitting of Congress after an election. The two principal bodies in Congress are Parliamentary group (Spain), parliamentary groups and committee, parliamentary committees (). All MPs are required to be members of a parliamentary group, the institutionalised form of political parties. Groups act with one voice represented by their spokesperson. In other words, th ...
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Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ...
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Autonomous Communities Of Spain
The autonomous communities () are the first-level political divisions of Spain, administrative divisions of Spain, created in accordance with the Constitution of Spain, Spanish Constitution of 1978, with the aim of guaranteeing limited autonomy to the nationalities and regions of Spain, nationalities and regions that make up Spain. There are 17 autonomous communities and two autonomous cities (Ceuta and Melilla) that are collectively known as "autonomies". The two autonomous cities have the right to become autonomous communities. The autonomous communities exercise their right to self-government within the limits set forth in the constitution and Organic Law (Spain), organic laws known as Statute of Autonomy, Statutes of Autonomy, which broadly define the powers that they assume. Each statute sets out the devolved powers () for each community; typically those communities with stronger local nationalism have more powers, and this type of devolution has been called ''asymmetric ...
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Spanish Ombudsman
The Spanish Ombudsman or Defender of the People ''( Spanish: Defensor del Pueblo)'' is the ombudsman of the Cortes Generales responsible for defending the fundamental rights and public liberties of citizens by supervising the activity of public administrations. The ombudsman is created by the Constitution and regulated by an Organic Law of 1981. The ombudsman and the two deputy ombudsmans are nominated by both the Congress of Deputies and Senate through a joint committee that chooses the candidates and proposes them to the Chambers. The candidates must be approved by three-fifths of both Chambers. If these qualified majorities are not reached, a new joint committee must to be formed to choose another candidate or to maintain the previous one but the second must get in a second voting three fifths of the Congress and an absolute majority of the Senate. To be chosen ombudsman it is necessary to be a Spaniard, adult and having the full enjoyment of one's civil and political rights. ...
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President Of The Government (Spain)
The prime minister of Spain, officially president of the Government (), is the head of government of Spain. The prime minister nominates the ministers and chairs the Council of Ministers. In this sense, the prime minister establishes the Government policies and coordinates the actions of the Cabinet members. As chief executive, the prime minister also advises the monarch on the exercise of their royal prerogatives. Although it is not possible to determine when the position actually originated, the office of prime minister evolved throughout history to what it is today. The role of prime minister (then called Secretary of State) as president of the Council of Ministers, first appears in a royal decree of 1824 by King Ferdinand VII. The current office was established during the reign of Juan Carlos I, in the 1978 Constitution, which describes the prime minister's constitutional role and powers, how the prime minister accedes to, and is removed from office, and the relationship ...
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Senate Of Spain
The Senate () is the upper house of the , which along with the Congress of Deputies – the lower chamber – comprises the Parliament of the Kingdom of Spain. The Senate meets in the Palace of the Senate in Madrid. The presiding officer of the Senate is the president of the Senate, who is elected by the members at the first sitting after each national election. The composition of the Senate is established in Part III of the Spanish Constitution. Each senator represents a province, an autonomous city or an autonomous community. Each mainland province, regardless of its population size, is equally represented by four senators; in the insular provinces, the larger islands are represented by three senators and the minor islands are represented by a single senator. Likewise, the autonomous cities of Ceuta and Melilla elect two senators each. This direct election results in the election of 208 senators by the citizens. In addition, the regional legislatures also designate their ...
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Congress Of Deputies (Spain)
The Congress of Deputies () is the lower house of the , Spain's legislative branch, the upper house being the Senate. The Congress meets in the Palace of the Parliament () in Madrid. Congress has 350 members elected from fifty-two constituencies (the fifty provinces and two autonomous cities) using closed list D'Hondt proportional representation. Deputies serve four-year terms. The presiding officer and speaker is the President of the Congress of Deputies, who is elected by the members at the first sitting of Congress after an election. The two principal bodies in Congress are parliamentary groups and parliamentary committees (). All MPs are required to be members of a parliamentary group, the institutionalised form of political parties. Groups act with one voice represented by their spokesperson. In other words, the Spanish Parliament is a parliament of groups, not individual MPs who are constrained to act only as part of the group. MPs can only act autonomously when sub ...
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