Asunción de la Iglesia Chamarro, , Teacher of Constitutional Law
Succession to the Crown: constitutional normality
The abdication of Juan Carlos I on June 2 has opened -for not a few by surprise- a novel process in our traumatic political history, a change of king within a constitutional normality and in a democratic context: the first change in the head of state in the 35 years of the constitutional text. It should be a symptom of normality, similar to what happened recently in Belgium and Holland.
Taking advantage of the moment, the role and meaning of the Parliamentary Monarchy, which the Spanish Constitution of 1978 includes as an element of the form of government in the article 1.3, connecting constitutionally historical, juridical and democratic legitimacy, is lightly discussed. It is a simplification that admits more than one nuance to say that the Head of State conceived as a parliamentary Monarchy is a remnant of the past contrary to modernity. It is a possible form of government that can work well, present in countries of indisputable constitutional and democratic trajectory. It configures a constitutional position of a weak, symbolic, representative Head of State of arbitration and moderation, which does not correspond to take away the protagonism of the depositary of sovereignty -the people- and its representatives: mainly the parliamentary institution. The King plays a fundamental role in foreign and domestic policy, almost always as a shadow arbiter, reducing frictions and encouraging solutions in critical stages. The monarch has played this role with an understanding of his arbitral position: to watch over the normal functioning of the institutional system from a distance. This must also be assessed in the light of his origins as a strong Head of State, which was transformed -with democratic backing in the popular ratification of the Law for Political Reform and later with the approval in referendum of the Spanish Constitution- to articulate the modern democratic political system, with the highest levels of freedom that Spain has known so far. Therefore, it is advisable to be correct in the judgment on model and not to rush, which in these matters is not the prudent thing to do. Shadows have been cast -on this and other pillars of the system- in recent years, but let us separate the wheat from the chaff, lest, in order to attack what does not work, we do as Attila did and leave a parched wasteland, creating a bigger problem.
With normality and hope, Spain must face the beginning of the reign of Felipe VI, who will have to demonstrate all the specific preparation acquired throughout his life for the functions that correspond to him. At this point, what we have to do is to convey our best wishes for success and success for the good of all.