MONARCHY AND ITS ENIGMAS

Authors

  • Jorge de Esteban Catedrático de Derecho constitucional. Embajador de España. Expresidente de Unidad Editorial

DOI:

https://doi.org/10.36151/TD.2024.080

Keywords:

Transición, reyes constitucionales, principio hereditario, estabilidad, confianza

Abstract

This article analyzes the Monarchy in Spain, especially the current one. The Transition was possible because, curiously, an adequate interpretation of the Fundamental Laws of Francoism allowed King Juan Carlos not to be a perjurer and because Torcuato Fernandez-Miranda, well informed by a book, used Franco’s legislation to lead us to the 1976 derogatory referendum, which led to democracy. The article ends by analyzing the eight constitutional kings we have had in our country since the first constitution, each with their own particularities. The problem posed by the renewed questioning of the monarchical form of the head of the State is enormously dangerous and probably useless, given that what exists in Spain today is really a republican Monarchy. In any case, to improve the functioning of the Crown, some changes that could be adopted are proposed without going into the reform of the Constitution, which is currently of a granite nature.

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Published

2024-01-11

How to Cite

de Esteban , J. (2024). MONARCHY AND ITS ENIGMAS. Teoría & Derecho. Revista De Pensamiento jurídico, (35), 48–65. https://doi.org/10.36151/TD.2024.080