Resumen :
El presente Trabajo Fin de Grado muestra como la reforma constitucional es un aspecto importante que nos encontramos en todas y cada una de las constituciones de la actualidad.
Como veremos más adelante, es muy difícil que una Constitución perdure inalterable para siempre, ya que las sociedades cam... Ver más
This Final Year Dissertation explainswhy the matter of Constitutional Amendment is so important in everysingle Constitution allover the world.
As we will see further on,it is natural for all societies to undergo a series of transformations over time whichlead to subsequentchanges in their laws, ideals, ways of living, problems, etc.,thus making itvery difficult for a Constitution to remain unchanged for ever.However, some Constitutions can be more easily amendedthan othersdepending on which group they belong to: the so-called Flexible Constitutions are easier to change than the so-called Rigid Constitutions.But being a Rigid Constitution type does not imply that it cannot be amended at all. It simply means thata series of more complex procedures must be followed and that wider majorities, thus wider consensus,must be reached before the amendment can be passed.
The Spanish Constitution of 1978 belongs tothe Rigid type andits amendment is provided in articles 167 and 168. We will be able to understand why our Constitution is one of the least amended oneswhencompared to other European Constitutions, thus showing its rigidity – or the rulers’ lack of capacity to undertake any change -. And we say “lack of capacity” by the rulersbecausea high number of constitutional amendments have been proposed by political parties of different ideologies during the numerous electoral campaigns to date, but inmost cases they have just failed to pass the amendments.
We will,therefore, focus on the constitutional amendment which is provided for by the Spanish Constitution of 1978.We will also explain the full procedure carried out beforeeffectively passing the two amendments that, although mainly “forced by circumstances”, have nevertheless been accomplished: historical background, processing, referendum, approval, promulgation and publication.
Finally, we will compare the amendment proceedings of the Spanish Constitution to those of some European constitutions – Germany, France and United Kingdom - as well as to that of the USA, and we will evidence either how easy or how difficult it isfor each of themto pass a constitutional amendment.
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