The introduction of term limits in Spain: A critical approach

Abstract

Abstract
Despite the fact that the Spanish Constitution does not contain any provisions regarding what we colloquially know as term limits, nor has Parliament deemed it appropriate to introduce such restrictions in our legal system, the fact is that for some years now the issue has being gaining relevance in the Spanish political debate, having already been regulated in several autonomous communities, being discussed in others, and appearing as part of the political agreement on which the current Government of the nation is based. In this paper we will begin by reviewing the state of the question in Spain, as well as the numerous constitutional amendments introduced in this respect in several Latin American countries —the traditional framework of this practice— during the last two decades; only to follow with the discussion of the convenience and the constitutionality of the introduction of term limits in Spain, in its twofold dimension: in relation to the members of the legislature and to the head of the
executive branch. More specifically, we will pay close look to the suitability of the institute to eradicate corruption and ensure the renewal of political elites, to its adequacy to the declared parliamentary nature of our system, and to its compatibility with the rights enshrined in our Basic Law.