Organic Law (Spain)

An Organic Law (Spanish: Ley Orgánica) in Spanish law are laws related to fundamental rights and freedoms and important institutional areas as defined by the Constitution (including inter alia, statutes of autonomy, referendums and electoral processes, functioning and organisation of the Constitutional Tribunal, the organisation of the military and the succession of the throne). Organic Laws must be passed by an absolute majority of the Congress of Deputies (not merely a majority of those voting).[1][2] In legal terms, organic laws are conceptually considered part of the constitution.[3]

Prior to the 1978 constitution this concept had no precedent in Spain. It was inspired by a similar concept in the current French Constitution of 1958[4] and conceived as a democratic safeguard to prevent authoritarian aspirations in the transition to democracy (they are harder to change).[5]

  1. ^ Spanish Constitution 1978, Article 81.
  2. ^ Szentgáli-Tóth 2020, p. 5.
  3. ^ Szentgáli-Tóth 2019, p. 2,7.
  4. ^ Ibler 1999, p. 287.
  5. ^ Szentgáli-Tóth 2020, p. 4.

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