Spanish Monarchy: Succession, Regency, and the Role of the Referendum
Corona-TOPIC 12.La THE REFERENDUM:* 1.Concepto: the institution whereby the holder of an organ of state consent to the act of the Head of State assumes liability for that act. * 2.Significado: has changed. Originally in the Middle Ages and the Ancien Regime, it was a mere formality which testified to an act of the King. With the parliamentary regime, endorsement takes on a substantial material, limiting royal power insofar as it involves the displacement of competition the King’s ministers to endorse his actions. So who is responsible for endorsing the legality and propriety of the act of the Head of State? In our constitutional system, there is some synthesis in both meanings, need not be a material endorsing intervention. Therefore, the Constitutional Court ruling that the responsibility that comes with the endorsement not only by content but by the constitutional legitimacy of the actual act, not being so active participation is essential in the formation of endorsing the act of the King.
* 3.Elementos: ** 3.1.Elementos subjective: two subjects in the endorsement: – The taxpayer or endorsed: a person whose actions are subject to endorsement, i.e., the Head of State, in our case the King. – Active or endorsing Subject: one who endorses the actions of the Rey in Spain, reserved for the persons referred to in art.64 EC. No endorsement is admitted but the ministerial provisions of this Article, derogations may be taxed only in the Constitution relating to borderline situations in which there is no Prime Minister for the trust vested in parliament. As far as the EC and 64.1 arts.56.3 are subject endorsing: laws and regulations endorsed with force of law, international treaties, appoint and remove members of government and advisory bodies and the acts which the proposed as same consultative referendum, dissolution of Parliament and general elections. endorse the King’s acts for which they are competentes.-theoretical possibility of endorsement by several government ministers but not as a collective body, yet in practice only endorses one of them.-Exclusion of faculty endorsement of the other members of the Government established by law, and Vice President only do so when they are well-character-delegable ministros. the power attributed to the President’s endorsement ministros.-Government and its ownership of the power of endorsement by the President and government ministers in a loss or functions independently of the task of this should be limited to matters of ordinary administration without political decision particularly significant. 3.Presidente the Congress of Deputies, is of a certificate, endorsed: ‘The nomination and appointment of the Chairman of Government.-The dissolution of the Parliament provided for in art.99 and call elections. 3.2.Elementos ** Objectives: The aim of endorsement are all the King’s acts of art.65 exceptions, free distribution of the amount that he receives from the general budget and the appointment and dismissal of integrating your home. Need endorsement testament to the power to designate successor.** Formal 3.3.Elementos: – Endorsement written signature endorsing the left side of the King’s signature. – Unwritten Endorsement: The act of the King endorsed by the presence of the Prime Minister or a minister who will accompany you taking responsibility for the act.
* 4.Efectos: – Determine the validity of the King’s acts: the lack of endorsement would be an absolute nullity. – Determine the responsibility of individuals endorsing: responsible for the acts of Rey.El liability assumed by endorsing depends degree of regional involvement in the event: according to art.108 EC et seq, in relation to the acts of the King in the fixed endorsing the content of the endorsement. intervening acts that materially and where the content has not been shaped by the will of endorsing.
ITEM 12-Succession to the Crown: The Constitution establishes a form of monarchical government and hereditary but establishes a new dynasty, but recognizes the king as heir to a dynasty historic for the transfer of rights from his father. The rules for succession are contained in art.57 EC succession to the throne shall follow the regular order of primogeniture and representation, the line always having preference over subsequent lines; on the same line, the grade over the more remote, in the same grade, the male to female, and in the same sex, the older the less. That is:
– Primogeniture and representation, preferably the first born and the descendants of the latter.
– Preference on the above lines later: preference for direct lines to side.
– Preference in the same line as the nearest degree on the more remote: preference earliest grades on the young.
– Preference to the same degree of man over the woman exception to the principle of equality based on tradition art.14, avocado away.
– Preference for the same sex of the older person.
In the event of termination of all lines of succession, the Constitution provides a succession of Parliament, the courts choosing the future of the Crown. Otherwise the succession to the Crown occurs automatically under the rules of legitimate mentioned above. But the proclamation art.61.1 King’s orders before the courts and their oath to faithfully perform their duties, observe and enforce the Constitution and the laws and respect the rights of citizens and the Autonomous Communities. Courts must approve the new king by an organic law and its abdication and renunciation of inheritance rights. Courts with the King may prohibit the marriage of persons entitled to the succession to the throne, the latter being excluded from succession to the Crown, and their descendants if they violate this prohibition.
TOPIC 12 – The Regency. Guardianship regal is a unique institution in which the functions of the King are not performed for this to be a minor or be unable to exercise their authority for mental or physical disability recognized by the courts can be Generales.La Regency individual or collegiate, if the king is a minor, the parent of this, or adult relative nearest in succession to the Crown exercise the Regency during the minority of the King. If the King is disabled will go directly to the Crown Prince of age if a minor is given the previous step, but applicable to any person the Regency, the Court will appoint one, three or five people who perform. To exercise the regency must be Spanish and old exercised by constitutional mandate and on behalf of the King, taking an oath to the Constitution separates the Regency Cortes.La of guardianship of minor King King is the guardian of the person the late King had named in his will, whenever an adult and Spanish-born, if I had not named will be the father or mother until remarriage, failing Courts appoint him, unable to accumulate charges of Regent and guardian, except in the case of a parent or direct ancestors of the King.