Fundamentals Of The Spanish Constitution And The Constitution Of The Czech Republic

Fundamentals of the Spanish Constitution and the Constitution of the Czech Republic
Firstly, I would like to say that Spain is a social and democratic state of law.
* Rule of Law: It is based on the principle of legality. The institutions are organized on the principle of separation of powers and the pronunciation of a series of constitutional rights and freedoms of citizens.
*Democratic State: is defined as a state in which people elect their representatives through universal suffrage.
* Social status: one that guarantees its citizens the actual exercise of social rights, giving protection in certain areas such as housing, education and healthcare. Manifested in the recognition of the right of citizen involvement in the policy.
In the article 1 of the Spanish constitutionwe can see that Spain is established as a social and democratic state, subject to the rule of law, which advocates as the highest values of its legal order, liberty, justice, equality and political pluralism. National sovereignty is in the Spanish people, from who emanate the powers of the State. And the political form of the Spanish State is a parliamentary monarchy.

The 1978 SpanishConstitution is the supreme law of the legal system of Spain forced the government and the citizens of Spain. It came into force on December 29 of 1978. The Constitution was ratified by referendum on December 6, 1978, and was later sanctioned by King Juan Carlos I on December 27 and published in the Official Gazette on 29 December of that year. The promulgation of the Constitution transformed the Francoregime in a social and democratic state of law, under the political form of a Parliamentary Monarchy. Besides, the Spanish Constitution ensures the protection of citizens so as to exercise existing rights.
In its first nine articles are formulated basic principles of the constitutional arrangement as in the Constitution of the Czech Republic. This Constitution of the Czech Republic came to forcein 1993 and it means the Constitution was adopted at the birth of the Czech Republic as a sovereign state. On the basis of the Constitution of the Czech Republic, the Czech Republic is a sovereign, unitary and democratic, law-abiding State based on respect for the rights and freedoms of a man and a citizen (art.1). Relation between the State and citizen is based on the possibility of exercise ofstate power only in cases, limits and ways given by the Act; from the citizen’s viewpoint on the other hand stands that everybody can make everything what is not prohibited by law (art. 2.4).
Moreover, we can speak about fundamental rights and freedoms specific in detail in the Charter of Fundamental Rights and Freedoms (art.3). This is a document issued in 1991 by the Czechoslovak FederalRepublic, and continued as part of the constitutional systems of both the Czech Republic and Slovak Republic. In the Czech Republic, the document was kept in its entirety in its 1991 form as a separate document from the constitution. By contrast, the basic provisions of the Charter were integrated directly into the Slovak constitution.
However, in the Spanish law we have Fundamental Rights andPublic Freedoms but they are included inside of our Constitution. We can see it in the articles 15-29. Fundamental rights are those inherent to human beings belong to any person by reason of their human dignity. They are considered essential in the political system.
SEPARATION OF POWERS
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model forthe governance of a state. The term is ascribed to French Enlightenment political philosopher Baron de Montesquieu. Montesquieu described division of political power among an executive, a legislature, and judicial. He based this model on the British constitutional system, in which he perceived a separation of powers among the monarch, Parliament, and the courts of law.
The division of powers,...