The right to direct political participation. The popular initiative, reality and possibilities

Abstract

The main aim of this study is the analysis of the normative reality and the possibilities of development of a popular initiative in Spain. Its insufficient reception in the Constitution, solely as a popular legislative initiative stricto sensu (art. 87 CE) and subject to important procedural and material limitations, lies within the framework of a constitutional normative which is suspicious and reluctant to the direct participation of citizens in politics. Its legal regulation, far from establishing an expansive development, designs a procedure that further limits its possibilities. De lege ferenda, substantial modifications in the established procedure are proposed; but if the intention is to progress towards a real participatory democracy, a reform of the Constitution must be defended; one that unties the bonds with which the Spanish constituent of 1978, for historical reasons, attempted to restrain the direct participation of citizens.