Parliamentary Monarchy and Electoral Systems in Spain

Parliamentary Monarchy

The parliamentary monarchy, as defined in Article 1.3 of the Spanish Constitution (CE), refers to the form of government rather than the form of state. One of the most important historical merits of King Juan Carlos I was returning sovereignty to the people and defending the manifestation of his power base. Furthermore, the expression in Article 1.3 CE is regarded as a fundamental part of the form of government, not a full description of the state itself. This system is characterized by the separation of government functions and the responsibility of the government to Parliament.

Electoral Roll

The electoral roll is the primary administrative tool for suffrage. The LOREG defines it as a public record containing the details of those eligible to vote who have not been deprived of their right to vote, either temporarily or permanently (Art. 31.1). Registration is permanent and updated monthly. There are two types of census:

• Census of residents in Spain: Managed automatically by municipalities.
• Census of residents absent abroad: Managed automatically by consulates.

The electoral roll is controlled and supervised by the Electoral Registration Office.

Electoral Process

The electoral process consists of a set of actions involving various organs, including municipalities, governments, electoral administration, citizens, candidates, and political parties. The initial phase of the procedure is the calling of elections, while the final phase includes the counting and proclamation of elected officials.

Inviolability of the King

Inviolability is a principle that protects the life and honor of the King, with its development found in the Criminal Code. It dictates that the King cannot be prosecuted criminally or sued in civil jurisdiction, rendering him legally irresponsible. This principle applies exclusively to the King and not to the rest of the royal family, who hold the same civil and criminal liabilities as any other citizen.

The Royal Household

The Royal Household is defined as an administrative support service. Separating the Royal Household from public administration requires independence in the management of that body. However, this independence does not mean the King's house is exempt from the ordinary courts. The Royal Household has a defined structure, including:

• Head of the Royal Household
• Royal Guards
• General Secretary
• Military Quarter
• Press Office