Study "Constitucional II", a flashcard deck on FORKSAI.
How did the Curia de León of 1188 expand upon the rights established in the Fuero de León of 1017?
The Curia de León of 1188 expanded the rights from the Fuero de León of 1017 by establishing a system of judicial guarantees ensuring security, personal liberty and integrity, rights to private property, commerce, and women's right to inheritance, as well as the peace of the home. It also introduced limitations on the King's power regarding war, peace, and economic impositions, requiring a Curia Regia for such decisions.
What were the key principles proclaimed by the Decree of Constitution of the General and Extraordinary Cortes on September 24, 1810?
The Decree proclaimed that the Cortes represented the Nation, where sovereignty resided; recognized Fernando VII as the legitimate King; declared the existence of three distinct powers (legislative, executive, judicial); and recognized the inviolability of deputies. These principles underpinned the new liberal political system.
Which historical Spanish Constitutions adopted a unicameral parliamentary model, differing from the bicameral tradition?
The historical Spanish Constitutions of 1812 and 1931 adopted a unicameral parliamentary model. This contrasts with the general bicameral character of Spanish constitutionalism, including the Cortes foreseen in the Law for Political Reform and the 1978 Constitution.
Define 'Derecho electoral' (Electoral Law) according to the provided notes.
Electoral Law is defined as the set of legal norms that regulate the election of representative bodies and, therefore, affect the right to vote. It encompasses the legal framework governing electoral processes.
What is the 'sistema electoral' (electoral system), and why is it considered essential for democracy?
The electoral system is a technical mechanism through which citizens express their political preferences via voting, transforming these votes into seats. It is essential for democracy because its regulation determines the existence of authentic democracy by making the political representation of citizens effective.
Which article of the Spanish Constitution (CE) defines the Cortes Generales and their composition?
Article 66.1 CE defines the Cortes Generales. It states that they are the constitutional organ of the State directly representative of popular will and are formed by the Congress of Deputies and the Senate.
Why is the Spanish Parliament described as a 'bicameral imperfecto o asimétrico' (imperfect or asymmetrical bicameral system)?
It is asymmetrical because the Congress of Deputies (Cámara Baja) assumes a greater number of competencies than the Senate (Cámara Alta). Furthermore, the will of the Congress usually prevails over that of the Senate when both Chambers participate jointly in the same function.
What is the role of the Diputación Permanente in the Cortes Generales?
The Diputación Permanente exercises the functions of the Cortes Generales during parliamentary recess periods and in cases of dissolution of the Cortes. There is a Permanent Deputation in each of the two Chambers.
According to the notes, what are the two main aspects or vertientes of the right to vote?
The two main aspects are the right to active suffrage, which is the capacity to be an elector and cast a vote, and the right to passive suffrage, which is the capacity to be a candidate and present one's own candidacy in an electoral process.
How does the Spanish Constitution of 1978 characterize the right to suffrage?
The Spanish Constitution of 1978 recognizes universal active and passive suffrage in Article 23 CE, defining it as free, equal, and secret. It is also direct for all elections, except for provincial ones, and is further characterized as personal and singular by the Electoral Law.