THE ESSENTIAL PRESERVATION OF THE PARLIAMENTARY MONARCHY AS AN IRREPLACEABLE ELEMENT OF OUR CONSTITUTION

Abstract

The aim of this work is to clarify certain questions about the constitutional meaning of our parliamentary monarchy, to reflect on its proper legal understanding and its central position in our system and, therefore, on the advisability of the continuity of this political form of the State as a guarantee, precisely, of the very continuity of our Constitution. Thus, it reviews the consideration of the Crown, more as an institution than as an organ, which the king is, insofar as he is the head of State, endowed with a series of competences that must be exercised, although all of them must be configured as due acts. It also examines the constitutional reserve regarding the Crown, the status of the King and his functions, in such a way that their regulation belongs exclusively to the Constitution and not to the law, and so their possible modifications can only be made by means of the constitutional reform provided for in article 168 of the Spanish Constitution. With a view to the future and considering the specific theory and dogmatics derived from our Constitution, the article proposes a reflection on the irreplaceable character of the parliamentary monarchy as a support for the unity of the State and even for the unity of the Spanish nation.