Understanding the Role of the Spanish Monarchy

The Crown in Spain

1. The Parliamentary Monarchy as a State Policy

The parliamentary monarchy is the established policy of the Spanish State. According to the Constitution of 1812, the Government of the Spanish Nation is a hereditary monarchy. The Monarchy is an integral part of the internal constitution of Spain.

In a parliamentary monarchy, the King is separate from the governmental function, and the responsibility of Government lies with the Parliament.

2. The Functions of the King

Article 56.1 of the Spanish Constitution is the foundational article regarding the King's role.

The King's functions include:

• Head of State: This constitutional role requires autonomous material function. In exercising this, the King cannot be subordinated to any other constitutional body. All bodies derive their existence and powers directly from the Constitution, placing them in a position of legal equality. However, the King's function, in certain cases, involves improving the expression of the will of another constitutional body. The monarch's action is not always indispensable or irreplaceable.
• Symbol of Unity and Permanence: This role partially derives from and partly exceeds his capacity as Head of State. Thus, it corresponds to the Heads of State, and especially the King of Spain, to formalize the most important acts of the state.
• Arbitrate and Moderate the Functioning of Institutions: The King plays a role in ensuring the smooth operation of state institutions.
• Highest Representation of the Spanish State in International Relations: The King represents Spain on the global stage.
• Ensure the Constitution: The King is a guardian of the Constitution.

3. Endorsement

Endorsement is the requirement for the King's acts to be confirmed or authorized by another constitutional body, such as the Prime Minister or ministers.

Acts performed by the King as titular Head of State are subject to endorsement.

Endorsement is a condition for the validity of the King's acts. The typical form of endorsement is countersignature of the Head of State's acts by the endorsing party. However, other forms exist, such as:

• Tacit Endorsement: The presence of ministers with the Head of State in official activities implies the assumption of responsibility.
• Alleged Endorsement: A general presumption that the Government covers the Head of State's actions unless they resign in disagreement.

The power of endorsement is attributed to the Prime Minister, the Ministers, and the President of the Congress of Deputies.

The legal nature of endorsement is clearly defined. It is a condition for the validity of the King's acts, and its absence determines the invalidity of such acts.

4. Succession of the Crown

The Constitution establishes a form of monarchical and hereditary government. Currently, King Don Juan Carlos I holds dynastic rights following the resignation of his father, Don Juan de Borbón.

The rules for succession to the Crown are based on the principles of primogeniture and representation.

The succession of the Crown occurs automatically under the aforementioned rules.

According to the Spanish Constitution, the proclamation of the King takes place before Parliament, where the King must swear to faithfully perform his functions, observe and enforce the Constitution and the laws, and respect the rights of citizens and Autonomous Communities.

Parliament is involved in many issues related to the Crown, including succession, abdication, waiver, and regency.

5. Regency and Care of a Minor King

There are two forms of Regency:

1. Constitutional Regency: In the case of a minor King, the regency is entrusted to the King's father or mother, or the adult relative closest to the succession of the Crown. The same procedure applies in the event of the King's disability.
2. Elective Regency: The regent is appointed by Parliament. This type of Regency is only used if the previous case cannot be carried out.

Regardless of the form, the Regency is exercised with the same powers as the King, as entrusted by the Constitution.