Monarchy of Spain - The Crown, Constitution, and Royal Prerogatives

The Crown, Constitution, and Royal Prerogatives

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The historic Crown of Spain, (la Corona de España) with its roots in the Visigothic kingdom from the 5th century and subsequent successor states, is recognized in Title II The Crown, Articles 56 through 65 of the Spanish Constitution of 1978. Constitutionally the monarch embodies and personifies the unity and permanace of the Spanish State, and represents the legal personality of the State and by extension fulfills the role of "Father of the Nation". As a unifying figure for the nation, in 2010 King Juan Carlos worked towards "bridging the gap" between Spain’s rival polarized political parties to develop a unified strategy in response to the country’s on-going late-2000s economic crisis.

According to the Spanish Constitution voted in referendum, the sovereignty power emanates from the people, so it's the very same people who give the king the power to reign:

National sovereignty belongs to the Spanish people, from whom all State powers emanate. —Title I, Article 2, the Spanish Constitution of 1978

The monarch "arbitrates and moderates the regular functioning of the institutions" and assumes the highest representation of the Spanish State in international relations. The monarch exercises the functions expressly conferred on him by the constitution and the laws.

The King is Head of State, the symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Spanish State in international relations, especially with the nations of its historical community, and exercises the functions expressly conferred on him by the Constitution and the laws. —Title II the Crown, Article 56, the Spanish Constitution of 1978

Upon accession to the crown and being proclaimed before the Cortes Generales, the king swears an oath to faithfully carry out his constitutional duties and to abide by the constitution and laws of the state. Additionally, the constitution gives the king the added responsibility to ensure that the constitution is obeyed. Lastly, the king swears to respect the rights of Spanish citizens and of the self-governing communities. The Prince of Asturias, upon reaching the age of majority, in addition to any regent(s) upon assuming the office, swears the same oath as that of the king along with a further oath of loyalty to the monarch.

(1) The King, on being proclaimed before the Cortes Generales, will swear to faithfully carry out his duties, to obey the Constitution and the laws and ensure that they are obeyed, and to respect the rights of the citizens and the Self-governing Communities (2) The Crown Prince, on coming of age, and the Regent or Regents, on assuming office, will swear the same oath as well as that of loyalty to the King. —Title II The Crown, Article 61, the Spanish Constitution of 1978

The oath reads as follows:

“

I swear faithfully to discharge my functions, to sustain and see to it that the Constitution and the Laws are sustained, and to respect the rights of the citizens and of the autonomous communities.

”

The 1978 Constitution, Title II The Crown, Article 62, delineates the powers of the king, while Title IV Government and Administration, Article 99, defines the king's role in government. Title VI Judicial Power, Article 117, Articles 122 through 124, outlines the king's role in the country's independent judiciary. However, by constitutional convention established by Juan Carlos I, the king exercises his prerogatives having solicited government advice while maintaining a politically non-partisan and independent monarchy. Receiving government advice does not necessarily bind the monarch into executing the advice, except where prescribed by the constitution.

It is incumbent upon the King:

• a. To Sanction and promulgate the laws
• b. To summon and dissolve the Cortes Generales and to call for elections under the terms provided for in the Constitution.
• c. To Call for a referendum in the cases provided for in the Constitution.
• e. To appoint and dismiss members of the Government on the President of the Government's proposal.
• f. To issue the decrees approved in the Council of Ministers, to confer civil and military honours and distinctions in conformity with the law.
• g. To be informed of the affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever, he sees fit, at the President of the Government's request.
• h. To exercise supreme command of the Armed Forces
• i. To exercise the right of clemency in accordance with the law, which may not authorize general pardons.
• j. To exercise the High Patronage of the Royal Academies.

—Title II The Crown, Article 62, the Spanish Constitution of 1978