Extent and Limits of Devolution in Spain

This article contests the view of Spain as a federation based solely on the notion of the constitutionally entrenched devolution of powers through the rigidity of the national and regional constitutions. To that effect, the article looks at the broader system of the distribution of competences from a legal perspective, an aspect which has been neglected in comparative studies on the nature of Spanish decentralization. The analysis concludes, firstly, that the powers of autonomous communities are not enshrined in the same way as in federal models; secondly, that their Statutes of autonomy are not above the legislation of the central government; and, lastly, that the constitution is not rigid enough to prevent the intrusion from the centre on regional competences.