The Spanish head of state succession: evolution of its constitutional form
Abstract
The article is devoted to four periods of the constitutional form of the head of state succession rules in Spain. It is noted that they go back to the medieval customs and laws of Castilla and Aragon. Particular attention is paid to the importance of enactment of the “Salique Law” in Spain in the beginning of the 18th century (with the beginning of the reign of the French Bourbon dynasty). Its political and legal consequences which arose in connection with its application influenced greatly the constitutional development of the Spanish Crown in the 19th century. Being established in the Constitution of 1812, the succession rules were developed in the constitutions of 1837, 1845, 1856, 1869 (partly), 1876 and 1978 and created a national tradition of the head of state succession. It was not abolished by the absolutist rule of Ferdinand VII, the Revolution in 1868, the establishment of the First and Second Republics, F. Franco dictatorship. The constitutional procedure of the head of state succession was governed by a structured group of norms which fixed the name of the ruling King, principles and rules of the throne succession (general and specific to a particular monarch), age of his majority and adjuration before the Cortes as a ground ascend the throne), provisions on early termination of ruling, on the status of the Prince of Asturias, on regency and on a guardian. The constitutions established the principles of primogeniture, preferences for the closer degree of relationship, preference for the senior instead of the younger, the right of representation. The author concludes that the turbulent political history of Spain had a little effect on the constitutional form of the succession rules. All Spanish monarchical constitutions contained appropriate provisions reflecting the continuity inherent in the evolution of the Spanish constitutionalism and contributed to the stability both of the Crown and of the Spanish state in general. This peculiarity is reflected in the applicable Constitution of the Kingdom of Spain.
Keywords:
electivity, Spain, king, Crown, monarchy, succession, president, succession of throne, republic
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Articles of "Pravovedenie" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.