THE CONSTITUTION OF 1978, THE MEETING POINT BETWEEN THE MONARCHY AND THE DEMOCRACY

Authors

  • Javier García Fernández

DOI:

https://doi.org/10.36151/TD.2024.081

Keywords:

Monarchy, king, Crown, democracy, constitution

Abstract

In the 19th century and until 1931, the Monarchy in Spain was incompatible with representative liberalism and democracy. Only the Constitution of 1868 would have made it possible to reconcile Monarchy and democracy, but the abdication of Amadeo I frustrated that possibility. However, the 1978 Constitution, where for the first time the King has ceased to be a state power and which was approved by conservative and progressive parties, has made it possible to reconcile Monarchy and democracy under the formula of the parliamentary Monarchy. This conciliation is complete, even though some voices try to draw from the constitutional expression «arbitrates and moderates» consequences that are inappropriate for a parliamentary Monarchy. 

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Published

2024-01-11

How to Cite

García Fernández, J. . (2024). THE CONSTITUTION OF 1978, THE MEETING POINT BETWEEN THE MONARCHY AND THE DEMOCRACY. Teoría & Derecho. Revista De Pensamiento jurídico, (35), 66–95. https://doi.org/10.36151/TD.2024.081