Конституция в Испании 1978 г. и ее роль в мировом конституционном процессе. Сравнительно-правовой анализ

Abstract

The article is concerned with state legal and comparative legal analysis of the 1978 Constitution of Spam. The 1978 Constitution of Spain is celebrating a jubilee — 25 years since it was adopted. The years that have passed since attest that this Constitution has become a landmark in European history and the world constitutional process. The author dwells on the concept of the constitutional process, further determining the place of the Spanish Constitution among those which are close in time and in spirit. The article analyses the constitutional history of Spain which counts almost two centuries. The central place in the article is taken by the comparative legal characteristic of the Constitution of Spain. Spanish fundamental law is compared with other constitutional acts (both of monarchies and republics). Comparison involves practically all chapters and sections of the Constitution of Spain and is of significant theoretical and practical interest. Great interest is presented by that part of the article where the author treats the question of influence of the Constitution of Spain on the elaboration of the 1994 Constitution of Belarus (in which the author participated and of which he has the insider knowledge). The author concludes the article with the description of how constitutional law of Spain is studied at the universities of Belarus and the CIS countries and suggests that the Constitution of Spain deserves closer attention.