El rey neutral:la plausibilidad de una lectura democrática del artículo 56.1 de la Constitución = The neutral King, or the reasonably of a republican reading of the article 56,1 of the Constitution
Author(s) -
Eloy García
Publication year - 2014
Publication title -
teoría y realidad constitucional
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.232
H-Index - 7
eISSN - 2174-8950
pISSN - 1139-5583
DOI - 10.5944/trc.34.2014.14095
Subject(s) - humanities , philosophy , political science
We aspire to clarify the position of the king in the constitutional Spanish system, deciphering the meaning of the «umpire and moderator» formula withdrawal in the art. 56 of the Constitution under the protection of the idea of neutrality. For it, we proceed to review, first, the position of the monarch arisen from the political transition across his constitutional characters, and second to effect a tracking in the suppositions of the theory of the Constitutional State, in order to establish the categories that could be coherent with the democratic values. On the basis of the foundation that provides this categorization it comes near the conclusion that in the current political Spanish moment, does not fit another credible model that the one that corresponds with « the crowned republic «, warning, at the time, that the real key of the problem resides not so much in the existence of alternative models and speaking in Locke’s terms, in his reasonablessnes, this is, in the reasonably or social credibility that is capable of inciting a king « umpire and moderator «. To try to uncover what means the credibility of a republican monarchy, there are three parameters linked to the need of reconstructing in a political key the social contemporary debate from the neutral action of the monarch, and that are identify respectively with the functions of exemplify, dawn and promote.
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