(Lack of) Territorial Representation in the Spanish Senate: Constitutional Design and Political Practice

(Lack of) Territorial Representation in the Spanish Senate: Constitutional Design and Political Practice

TIRAPU-SANUY, Josep M.; ORTIZ CABRERO, Lorena. (Lack of) Territorial Representation in the Spanish Senate: Constitutional Design and Political Practice [online]. Generalitat de Catalunya. Institut d'Estudis de l'Autogovern, 2026. 

Lien Open access : https://doi.org/10.57645/20.8080.01.72

Abstract

The Spanish Constitution defines the Senate as the “house of territorial representation”, yet the institution suffers from profound deficiencies that impede the realisation of this constitutional aspiration. In this article, we analyse these deficiencies from both a legal-constitutional and a political perspective. We start by discussing problems of constitutional design, including the Senate’s composition rules, its powers, and the regulation of minority language use within the chamber. We then consider the Senate’s position within the broader political context, showing how the design flaws are further exacerbated by the political practice of the institution. In particular, how the consistent dominance of the Partido Popular within the chamber—a party holding a rather sceptical stance towards the decentralisation of the state—has further undermined the Senate’s territorial function. This is compounded by a general lack of public understanding and trust in the Senate. We also show that the Senate’s deficiencies have important collateral effects on other elements within the constitutional system, notably Constitutional Court judicial appointments and the procedure of constitutional reform. Finally, we discuss possible pathways to reform. While the Senate’s fundamental reform is unlikely in the near future, as it requires constitutional amendment, we suggest that reforming the institution’s linguistic regime could be a welcome and feasible step in the right direction. keywords Senate; territorial representation; Spain; second chambers; shared rule.

Keywords: Senate; territorial representation; Spain; second chambers; shared rule.