Constitution of Kingdom of Spain (1978) (excerpts related to referendum) (English)
THE CONSTITUTION
PASSED BY THE CORTES GENERALES
IN PLENARY MEETINGS OF THE CONGRESS
OF DEPUTIES AND THE SENATE HELD ON OCTOBER 31,1978
RATIFIED BY THE SPANISH PEOPLE IN
THE REFERENDUM OF DECEMBER 7,1978
SANCTIONED BY HIS MAJESTY THE KING BEFORE THE CORTES ON DECEMBER 27,1978
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CHAPTER TWO
Concerning the Drafting of Bills
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Article 92
1. Political decisions of special importance may be submitted to all citizens in a consultative referendum.
2. The referendum shall be called by the King on the proposal of the President of the Government, following authorization by the Congress of Deputies.
3. An organic law shall regulate the terms and procedures for the different kinds of referendum provided for in this Constitution.
TITLE VIII
Concerning the Territorial Organization of the State
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CHAPTER THREE
Concerning the Autonomous Communities
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Article 151
1. It shall not be necessary to wait for the five-year period referred to in clause 2 of Article 148 to elapse when the initiative for attaining self-government is agreed upon within the time limit specified in Article 143, clause 2, not only by the corresponding Provincial Councils or inter-island bodies but also by three-quarters of the Municipalities of each province concerned, representing at least the majority of the electorate of each one, and said initiative is ratified in a referendum by the absolute majority of the electors in each province, under the terms to be laid down by an organic law.
2. In the case provided for in the foregoing clause, the procedure for drafting the Statute shall be as follows:
i) The Government shall summon all the Deputies and Senators elected in the electoral districts within the territorial area seeking self-government in order that they may-resolve themselves into an Assembly for the sole purpose of drawing up the corresponding draft Statute for Autonomy, to be passed by the absolute majority of its members.
ii) Once the draft Statute has been passed by the Parliamentary Assembly, it shall be remitted to the Constitutional Committee of Congress which shall examine it within the space of two months with the co-operation and assistance of a delegation from the Assembly which has proposed it, in order to decide in common agreement upon its final form.
iii) If such an agreement is reached, the resulting text shall be submitted in a referendum to the electorate of the provinces within the territorial area to be covered by the proposed Statute.
iv) If the draft Statute is approved in each procedure referred to in the foregoing article, the province by the majority of validly cast votes, it shall be referred to the Cortes Generales. Both Houses, in plenary assembly, shall decide upon the text by means of a vote of ratification. Once the Statute been passed, the King shall - give it his assent and shall promulgate it as a law.
v) If the agreement referred to in sub-clause ii) of this clause is not reached, the legislative process for the draft Statute in the Cortes Generales shall be the same as that for a bill. The text passed by the latter shall be submitted in a referendum to. the electorate of the provinces within the territorial area to be covered by the draft Statute. In the event that it is passed by the majority of the validly cast votes in each province, it shall be promulgated in the manner outlined in the foregoing sub-clause.
3. In the cases described in sub-clauses iv) and v) of the foregoing clause, failure to pass the draft Statute by one or several of the provinces shall not prevent the constitution of the remaining provinces into an Autonomous Community in the manner to be prescribed by the organic law envisaged in clause 1 of this article.
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TITLE X
Concerning Constitutional Amendment
Article 166
The right to propose a Constitutional amendment shall be exercised under the terms contained in clauses 1 and 2 of Article 87.
Article 167
1. Bills on Constitutional amendment must be approved by a majority of three-fifths of the members of each House. If there is no agreement between the Houses, an effort to reach it shall be made by setting up a joint Commission of Deputies and Senators which shall submit a text to be voted on by the Congress and the Senate.
2. If approval is not obtained by means of the procedure outlined in the foregoing clause, and provided that the text has been passed by an absolute majority of the members of the Senate, Congress may pass the amendment by a two-thirds vote in favour.
3. Once the amendment has been passed by the Cortes Generales, it shall be submitted to ratification by referendum, if so requested by one tenth of the members, of either House within fifteen days after its passage.
Article 168
1. If a total revision of the Constitution is proposed, or a partial revision thereof, affecting the Preliminary Title, Chapter Two, Section 1 of Title 1, or Title 11, the principle shall be approved by a two-thirds majority of the members of each House, and the Cortes shall immediately be dissolved.
2. The Houses elected must ratify the decision and proceed to examine the new Constitutional text, which must be approved by a. two-thirds majority of the members of both Houses.
3. Once the amendment has been passed by the Cortes Generales, it shall be submitted to ratification by referendum.
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