The recent practice of legislative initiative in spanish constitutional law

Abstract

The democratic model established in the Spanish Constitution adopted in 1978 has tried to define itself by the use of representational/electoral tools as well as direct political participation. However, the combination of faint-hearted drafting, restrictive interpretation by constitutional jurisprudence and weak practice have marginalized semi-direct political participation. Starting from this complex situation, the objects of the present paper are to describe the issues facing constitutional recognition of the popular legislative initiative, to assess the use of citizen participation as a political instrument, and finally to offer proposals that could reinvigorate the exercise of thismechanism by the people to enable the Electoral College to collaborate effectively with the Cortes (parliament) and the Government in the legislative process.