Royal Prerogative - Spain

Spain

The Spanish Constitution of 1978, Title II The Crown, Article 62, delineates the powers of the king, while Title IV Government and Administration, Article 99, defines the king's role in government. Title VI Judicial Power, Article 117, Articles 122 through 124, outlines the king's role in the country's independent judiciary. However, by constitutional convention established by Juan Carlos I, the king exercises his prerogatives having solicited government advice while maintaining a politically non-partisan and independent monarchy. Receiving government advice does not necessarily bind the monarch into executing the advice, except where prescribed by the constitution.

a. to sanction and promulgate the laws;

b. to summon and dissolve the Cortes Generales and to call elections under the terms provided in the Constitution;

c. to call a referendum in the circumstances provided for in the Constitution;

d. to propose a candidate for President of the Government and, as the case may be, appoint him or remove him from office, as provided in the Constitution;

e. to appoint and dismiss members of the Government on the proposal of its President;

f. to issue the decrees agreed upon by the Council of Ministers, to confer civil and military employments and award honours and distinctions in conformity with the law;

g. to keep himself informed regarding affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever he deems opportune, at the request of the President of the Government;

h. to exercise supreme command of the Armed Forces;

i. to exercise the right to grant pardons in accordance with the law, which may not authorize general pardons;

j. to exercise the High Patronage of the Royal Academies.