Economic Planning in the 1978 Constitution

DOI10.1177/002085238004600117
AuthorM. Bassols Coma
Date01 March 1980
Published date01 March 1980
Subject MatterArticles
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sory, technical, and auxiliary bodies. Behind
State mentioned above. Thus, Article 38 re-
all that, an obvious and sometimes thorough
cognizes and protects free enterprise, but not
confusion is tending to become endemic.
without limitation, since it must be in accord-
ance with the demands of the
economy.
The article goes on to examine the contents
Actually, free enterprise is subject to con-
of a few administrative archives, including
ditions for its exercise which are partly due
those of the Cortes, the Senate, the Court of
to the notion, mentioned in Article 33, that
Audit, the Council of State, the Royal Palace,
it has
&dquo;
a
social function &dquo; and is subordinate
and, finally, the Prime Minister’s Office, which
to the general interest referred to in Article
were started in 1820 .and include others besides
128.1, etc. The role of the public authorities
those of the Council of Ministers whose records
is, on the other hand, simply expressed in
have been carefully kept since 1824.
general terms. Their role is one of general
management, promotion and encouragement
and necessary supervision of harmonious devel-
Economic Planning
opment, or of equitable distribution of resour-
in the 1978 Constitution
ces and, in short, of correcting possible devia-
tions or excesses.
M. BASSOLS COMA
The legal system-,as regards planning, and
The 1978 Constitution states that &dquo; the
consequently its field of application and pur-
State, through the law, shall be able to plan
poses, is vaguely and generally stated in the
general economic activity &dquo; (Article 313.1).
Constitution. This is partly due to the optional
But it is under
nature of
no obligation to do so.
In
planning. All that is done is to
make planning possible as
any case, economic planning was formerly
part of the State’s
practised in the country,
role in the
so that the statement
economy. Further details may be
is above all the adoption of
enacted
a position whose
by law as and when...

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