Legislatura fallida e investidura convulsa. Análisis y consecuencias

Abstract

The fragmented electoral results of December 20, 2015 and June 26, 2016 were, in the first case, a failed legislature and, in the second, an investiture that does not guarantee the stability and effectiveness of government action. The paper aims to reflect on the causes of this crisis and its consequences for the functioning of the Spanish parliamentary regime. In this sense, the virtuality of the mechanism provided in art. 99 of the Spanish Constitution, the possibility of parliamentary control of the outgoing Government which continue in power until the new Government takes office, the need to comply not only with the legal rules, but, above all, with the political rules inherent in the parliamentary form of government and, finally, the connection of that crisis with which it could affect representative democracy. All this is exposed by considerations of a general and non-exhaustive nature, since this more detailed study will be done by the other papers in this Revista Espanola de Derecho Constitucional (REDC), for which the present text is presented as a mere introduction.