THE CURRENT PROBLEMATIC OF THE SPANISH MONARCHY: BETWEEN THE FUNCTIONAL DEBATE AND DISCRIMINATION IN THE SUCCESSION

Abstract

Objective: To analyze the gender inequality of article 57 of the Constitution regulating the order of succession to the throne, and its possible constitutional reform through the aggravated Procedure of the article 168 of the Spanish Constitution.

Methodology: It will be based on a sociological and constitutional reflection based on the legality of a popular consultation on the viability of the Spanish Monarchy from a constitutional reform to adapt it to the current reality.

Results: The important role played by the Spanish Crown in the Spanish constitutional order, and the great protection it enjoys to prevent destabilization as Head of State, is demonstrated. Despite this, the adaptation of gender equality is necessary in all constitutional areas, mainly because the future queen of Spain is Princess Leonor.

Contribution: The political debate on the Spanish Monarchy began at the same time as the Spanish Constitution of 1978 was adopted, but today more than ever this discussion has resurfaced because of its obligatory adaptation to social reality in relation to the principle of equality of article 1.1 and the right of equality reflected in article 14, which could lead to a consultation of citizens to decide between monarchy and republic.