The institutions of the Spanish State

The King is the head of State. He symbolises the unity and permanence of the State, but he does not govern: the Government and the Cortes take the political decisions.

• The King today is Felipe VI. He became King on 19 June 2014, when his father, Juan Carlos I, abdicated.
• The King signs and promulgates the laws, calls elections, proposes a candidate for the head of the Government after talking to the parties, and represents Spain abroad.
• He is the supreme commander of the Armed Forces, but every act of the King must be approved (refrendado) by the Government. The Government, not the King, is responsible.
• The heir to the throne has the title of Princess of Asturias (Princesa de Asturias). The royal family lives at the Palace of the Zarzuela; the Royal Palace in Madrid is used for official ceremonies.

Exam tip: The King does not make the laws and does not run the Government: that is the job of the Cortes and the Government.

The Cortes Generales represent the Spanish people. They make the laws, approve the budget and check the Government. There are two chambers, both in Madrid.

• The Congress of Deputies (Congreso de los Diputados) has 350 deputies elected by the people. It is the main chamber: it chooses the head of the Government and has the last word on most laws. It sits in the Palace of the Cortes.
• The Senate (Senado) is the chamber of territorial representation. It has around 265 senators: four for each province, elected by the people, and others chosen by the parliaments of the autonomous communities. It can propose changes to laws.
• Deputies and senators are elected for four years, unless the Cortes are dissolved earlier.
• The President of the Congress is the third authority of the State, after the King and the head of the Government. The Cortes also appoint the Defensor del Pueblo (Ombudsman).

The Government directs the policy of the country, the civil administration and the defence. It is formed by the head of the Government and the ministers.

• The head of the Government is called the President of the Government (Presidente del Gobierno). The King proposes a candidate and the Congress of Deputies must give him or her its confidence in a vote of investiture (investidura).
• The President chooses the ministers, who together form the Council of Ministers (Consejo de Ministros). The Government works from the Palace of the Moncloa in Madrid.
• The Government is accountable to the Congress. The Congress can end it by a motion of no confidence (moción de censura) that has an absolute majority and proposes a new candidate.
• The Government proposes laws and can also make decrees (real decretos), but always under the law and under the control of the courts.

Justice comes from the people and is administered by independent judges. Nobody, not even the Government, can tell a judge how to decide.

• The General Council of the Judiciary (Consejo General del Poder Judicial) is the body that governs the judges.
• The Supreme Court (Tribunal Supremo) is the highest court in all matters, except for the guarantees of the Constitution. Each autonomous community has a High Court of Justice (Tribunal Superior de Justicia).
• The Constitutional Court (Tribunal Constitucional) has twelve members. It decides whether laws agree with the Constitution.
• The Public Prosecutor’s Office (Ministerio Fiscal) defends legality and the public interest. The Court of Audit (Tribunal de Cuentas) checks the public accounts.
• Trials are public, and in some cases a jury (jurado) takes part. Everyone has a right to a lawyer, and free legal aid exists for those who cannot pay.

The idea behind all this is that power is divided so that no single person or body has all of it.

• Legislative power: the Cortes Generales make the laws.
• Executive power: the Government carries out the laws and runs the public administration.
• Judicial power: judges and courts apply the law and settle disputes.
• Each power controls the others: the Cortes control the Government, the courts control the Administration and the Constitutional Court controls the laws.
• The Crown, above the three, is a symbol of unity and has an arbitrating and moderating role.