The Role of the King in the Spanish Constitution
The Crown
The Functions of the King
Article 56.1 of the Spanish Constitution defines the constitutional position and functions of the King. The Constitution refers to the King as the Head of State, presupposing a state body endowed with powers conferred by the Constitution and the laws. It is one of the constitutional organs of the State. Although legally equal to other constitutional organs, the King, as Head of State, must take a formal position of greater dignity, honorary, and ceremonial.
Article 56.1 states that the King is a symbol of the unity and permanence of Spain. It is up to the King to formalize the most important acts of the State, whether legislative (Article 62.f), governmental (Article 62.a-o), or in making calls and appointments necessary for the renewal of the holders of legislative and governmental bodies. The King personifies an institution, the Crown, linked to the history of Spain. This symbolically reinforces the continuity of the state. The Monarchy has been a state support unit, integrating a variety of realms and territories that retained their appearance until the centralizing movement of the 18th century. It is a symbol that stirs feelings of loyalty to the national community.
The King also arbitrates and moderates the regular functioning of institutions, which requires political neutrality. However, the King cannot freely dismiss ministers, deny the passage of laws, or decide war and peace. The King’s right to be informed of the affairs of state is recognized in Article 62.g of the Constitution. The King also chairs the meetings of the Council of Ministers, particularly those concerning foreign and defense policy. All this makes the King an advisor to the Government.
The arbitration function of the King is recognized in Article 56.1 of the Constitution. This is characterized by the political neutrality of the arbitrator and the extent of their powers under arbitration. This is an arbitration service. The main power entrusted to the King is to propose a candidate for President of the Government (Article 62.d). This will fail when a party or a coalition has a majority. If Congress does not accept any candidate, the King must order the dissolution of Congress two months after the first vote for investiture.
Succession in the Crown
The Constitution has established the King as the legitimate heir of the historic dynasty (Article 57.1). The rules established in this article are virtually identical reproductions of those that have existed in previous constitutions. It is based on the principles of primogeniture and representation, which give preference to the firstborn of the descendants of the King and, secondarily, to the descendants of the firstborn if they had died.
Rules:
- The preference of the above lines over later ones. Lines will be direct descendants of King Juan Carlos I, and the collateral relatives descended from his side, forming part of the dynasty.
- The preference in the same degree of men over women is an exception to the principle of legal equality of the sexes.
- The preference in the same sex of the older person over the younger, the principle of primogeniture.
There is consensus between the two major parties to reform the rules on succession to the Crown, removing the male preference over women and safeguarding the rights of the current Crown Prince, D. Felipe de Borbon.
Succession to the Crown is granted automatically under the above rules. Article 61 of the Constitution refers to the proclamation of the King before the General Courts and their oath to perform his duties faithfully, to obey the Constitution and laws, and to respect the rights of citizens and Autonomous Communities. Another option is to prohibit the marriage of persons with the right of succession.
The Endorsement
The King’s acts need to be endorsed, that is, approved or confirmed by another constitutional body, usually the President or the Ministers. It is a traditional rule of constitutionalism. The acts of the King will be the responsibility of those who endorse them (Article 64.2 of the Constitution). The endorsement certifies the legality of the actions of the Head of State. The responsibility of the endorser does not extend to cases where the event culminates in the King where this procedure was not involved (e.g., naming members of the General Council of the Judiciary or constitutional judges).
The purpose of the endorsement is to cover acts that the King performs as Head of State, excluding his private life, such as the administration of his own assets. The distribution made by the King of family budgets or the appointment of civilian and military household staff is also not endorsed.
The typical form of endorsement is the countersignature of the acts of the Head of State by the endorser. There are tacit and alleged endorsements. The first is the presence of ministers alongside the Head of State on official business. The second covers the government with the responsibility of the Head of State’s actions unless the government resigns in disagreement with them.
In Article 64.1, the power of endorsement is attributed to the Prime Minister, Ministers, and the President of the Congress of Deputies. It cannot be delegated to other bodies, nor can lower-ranking regulations add new endorsement holders. This is how the Constitutional Court interprets the nomination of the President of the Basque Government, which was the responsibility of the government.
The legal nature of the endorsement is defined in Article 56.3 of the Constitution. It is a condition for the validity of the acts of the King. Endorsement is a historic institution that had a double significance: limiting the power of the King by forbidding him to act alone and transferring responsibilities to the ministers. It has become a control mechanism between the government and the Head of State that tries to compensate for the inviolability of the King. Once a constitutional body has authorized something (law, regulation), the final act of the King is required for it to take effect. Given the hypothetical consequences of inaction by the King, these should be resolved at the political level, which could lead to the resignation of the government or constitutional reform. Articulated by the Constitution, the power to prevent this double inaction can only produce positive results through the cooperation of both constitutional bodies.
The Regency and the King’s Child Care
-The constitution has provisions for the regency was established in cases where the king was disqualified for being under age or physical or mental disability, must be recognized in the courts art59Ce. The first assumption has been prevalent in history (Isabel 2, Alfonso 13). Recogencia is entrusted by the minority of the father or the mother of the king, and failing to adult relative nearest to pass the crown and in case of failure if the Crown Prince of age and if not the father of king or his mother, failing to adult relative nearest in succession. The second way is the elective regency, which is appointed by the Parliament. Its function is secondary, this can be individual or collective, the last of 3-5 persons. The regency has the same powers that the king’s constitution. The regency only supplies the holder and not replaced, Art 59.5 EC. Those who have engaged in treatment and not Highness Majesty. This ceases at the end the king’s inability to reign. The offices of guardian and regent can only have them while the parents or direct ancestors of the king.