When defining the Spanish political structure, we can say that it is a democracy even though not all the features of a democracy are reflected, as in most of today’s democracies. In addition, it is ruled as a constitutional monarchy, and the territorial organisation is based on a State divided into autonomous communities.
The king is the Head of State and the main representative of the State; in international relations he is the supreme head of the armed forces; and most of his functions are symbolic ones, as specified in the 1978 Constitution. Executive power power corresponds to the government and all the functions of the king are clearly specified in the Constitution. This position is a hereditary one.
The division of powers is organised in the following way.
- Legislative power
The parliament or “Cortes” has two chambers: Congress or the representation of the citizens, and the Senate or the representation of the provinces and territories. The representatives to this institution are chosen in elections every four years, and its main functions are to make laws and monitor the government.
- Executive power
Executive power corresponds to the government. The head of government or the prime minister, the deputy heads of government and the ministers participate in this power. Its main function is to direct state policy and to ensure that the laws are enforced.
The head of the government is proposed by the Parliament and his/her appointment is then approved by the king.
The Prime Minister chooses the deputy prime minister (or deputy prime ministers) and the ministers. They make up the government.
- Judicial power
The structure of the judicial power is like a pyramid; there are various levels starting with the Justice of the Peace courts in small municipalities and going right up to the Supreme Court where final appeals are presented.
In addition, there is a National High Court to hear cases of certain types; and the Constitutional Court to ensure that the laws are made according to the Constitution.
- Defensor del pueblo (Ombudsman/Ombudswoman)
This institution was set up in the Spanish State after the 1978 Constitution, and the Parliament chooses the person who will fill the position.
The aim of the person in charge of this institution is to protect the citizens; if the administration commits an injustice, the ombudsperson provides protection against the administration. Following the requests of citizens, he/she submits the complaints they raise to the administration and the administration has to respond within a specific period of time and either correct its position or justify it. Sometimes, the ombudsperson him-/herself can lodge a complaint with the court, with ordinary courts and with the Constitutional Court. Another responsibility is to pass advice and suggestions on to the administration through reports.