Article 1.3. of the Spanish Constitution of 1.978 lays down that "the political form of the Spanish State is that of a Parliamentary Monarchy".
Title II of Constitution deals with The Crown in its articles 56 to 65:
Art. 56
- The King is the Head of State, the symbol of its unity and permanence. He arbitrates and moderates the regular working of the institutions, assumes the highest representation of the Spanish State in international relation, especially with those nations belonging to the same historic community, and performs the functions expressly conferred on him by the Constitution and the law.
- His title is King of Spain, and he may use the other titles appertaining to the Crown.
- The person of the King is inviolable and shall not be held accountable. His acts shall always be countersigned in the manner established in Article 64. Without such countersignature they shall not be valid, except as provided under Article 65,2.
Art. 57
- The Crown of Spain shall inherited by the successors of H.M. Juan Carlos I de Borbon, the legitimate heir of the historic dynasty. Succession to the throne shall follow the regular order of primogeniture and representation, in the following order of precedence: the earlier shall precede the more distant; within the same degree, the male shall precede the female; and for the same sex, the older shall precede the younger.
- The Crown Prince, from the time of his birth or the event conferring this position upon him, shall hold the title of Prince of Asturias and the other titles traditionally held by the heir to the Crown of Spain.
- Should all the lines designated by law become extinct, the Cortes Generales shall provide for the succession to the Crown in the manner most suited to the interests of Spain.
- Those persons with a right of succession to the Throne who marry against the express prohibition of the King and the Cortes Generales, shall be excluded from succession to the Crown, as shall their descendants.
- Abdications and renunciations and any doubt concerning a fact or the law that may arise in connection with the succession to the Crown shall be resolved by an organic law.
Art. 58
- The Queen Consort, or the Queen's Consort, may not assume any constitutional functions, except in accordance with the provisions for the Regency.
Art. 59
- In the event of the King being under age, the father or mother of the King or, in default thereof, the relative of legal age who is nearest in succession to the Crown, according to the order established in the Constitution, shall immediately assume the office of Regent, which he shall exercise during the King’s minority.
- If the King becomes incapacitated for the exercise of his authority, and this incapacity is recognized by the Cortes Generales, the Crown Prince shall immediately assume the powers of the Regency, if he is of age. If he is not, the procedure outlined in the foregoing clause shall be followed until the coming of age of the Crown Prince.
- If there is no person entitled to assume the Regency, the latter shall consist of one, three or five persons.
- In order to exercise the Regency, it is necessary to be Spanish and legally of age.
- The Regency shall be exercised by constitutional mandate, and always on behalf of the King.
Art. 60
- The guardian of the King during his minority shall be the person designated in the will of the late King, provided that he is of age and Spanish by birth. If a guardian has not been designated, the father or mother shall be guardian, as long as he or she remains a widower or widow, as the case may be. In default thereof, the guardian shall be appointed by the Cortes Generales, but the offices of Regent and Guardian may not be held by the same person, except by the father, mother or direct ascendants of the King.
- Exercise of the guardianship is also incompatible with the holding of any political or representative office.
Art. 61
- The King, on being proclaimed before the Cortes Generales, shall take oath to discharge his duties faithfully, to abide by the Constitution and the law and ensure that they are abided by, and to respect the rights of citizens and the Autonomous Communities.
- The Crown Prince, on coming of age, and the Regent or Regents, on assuming office, shall take the same oath, as well as that of loyalty to the King.
Art. 62
It is incumbent upon the King:
- to sanction and promulgate the laws;
- to summon and dissolve the Cortes Generales and to call elections under the terms provided in the Constitution;
- to call a referendum in the circumstances provided for in the Constitution;
- 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;
- to appoint and dismiss members of the Government on the proposal of its President;
- 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;
- 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;
- to exercise supreme command of the Armed Forces;
- to exercise the right to grant pardons in accordance with the law, which may not authorize general pardons;
- to exercise the High Patronage of the Royal Academies.
Art. 63
- The King accredits ambassadors and other diplomatic representatives. Foreign representatives in Spain are accredited to him.
- It is incumbent on the King to express the State's assent to the entering into of international commitments through treaties, in conformity with the Constitution and the law.
- It is incumbent on the King, following authorization by the Cortes Generales, to declare war and to make peace.
Art. 64
- The King's acts shall be countersigned by the President of the Government and, where appropriate, by the competent ministers. The nomination and appointment of the President of the Government and the dissolution provided under Article 99, shall be countersigned by the President of Congress.
- Those countersigning the King's acts shall be liable for them.
Art. 65
- The King receives an over-all amount from the State Budget for the upkeep of his Family and Household and distributes it unrestrictedly.
- The King freely appoints and dismisses the civil and military members of his Household.
Royal Decree 1368/1987, dated 6 th November, regulating titles, forms of address and honours pertaining to the Royal Family and to the Regents
Chapter One: Of the Royal Family
Article 1
- The holder of the Crown shall be termed The King or The Queen of Spain and He or She may use the other titles pertaining to the Crown, as well as the other peerages belonging to the Royal Family. He or She shall be addressed as His or Her Majesty.
- The King of Spain's wife, whilst She remains His spouse or stays a widow, shall be termed The Queen and be addressed as Her Majesty, being entitled to the honours pertaining to Her Dignity, pursuant to the law of the Realm.
- The husband of The Queen of Spain, whilst he remains so or stays a widower, shall be entitled to the Dignity of Prince. He shall be addressed as Your Royal Highness and be entitled to the honours pertaining to his Dignity, pursuant to the law of the Realm.
Article 2
The heir to the Crown shall, as from his or her birth or as from the moment the fact giving rise to such entitlement arises, possess the Dignity of The Prince or The Princess of the Asturias, as well as the remaining titles traditionally attached to the Successor to the Crown and be entitled to the honours pertaining to him or her by virtue thereof. He or she shall be addressed as Your Royal Highness. The same Dignity and form of address shall correspond to his or her spouse, with the honours deriving therefrom, pursuant to the laws of the Realm.
Article 3
- The King's sons and daughters not possessing the Dignity of Prince or Princess of the Asturias, as well as the children of the latter Prince or Princess, shall be Infantes or Infantas of Spain, respectively, and shall be addressed as Your Royal Highness. Their spouses, whilst they continue being so or stay a widower or widow, shall be entitled to the form of address and honours The King, as a gracious decision, may grant them, pursuant to the powers vested upon Him by paragraph f) of Article 62 of the Constitution.
- Likewise, The King may grant the dignity of Infante or Infanta and the form of address of Your Royal Highness to those persons he shall deem fit of such a grace given the exceptional circumstances that concur.
- Except as provided in the present Article and the preceding one hereof, and save as provided in Article 5 hereof for members of the Regency, no person whatsoever may:
- Use the title of Prince or Princess of the Asturias or employ any other title whatsoever traditionally attached to the Successor to the Crown of Spain;
- Titularse Infante de España.
- Receive the forms of address and honours pertaining to the Dignities mentioned in paragraphs a) and b) above.
Article 4
The children of an Infante or Infanta of Spain shall have the consideration of Spanish Grandees, but shall not be entitled by virtue thereof to a special form of address other than that of Your Excellency.
Chapter Two: Of the Regency
Article 5
The persons exercising the Regency shall be addressed as Your Highness with the same honours as those laid down for The Prince of the Asturias, unless entitled to honours of a higher rank.
Chapter Three: Of the peerages pertaining to the Royal Family
Article 6
The use of peerages, pertaining to the Royal Family, may only be authorised by the Holder of the Crown to members of His or Her Family. The conferment of use of the title shall be considered a grace of a personal nature and for life.
Transitory Provisions
First
- Juan of Bourbon and Battemberg, father of His Majesty The King, Juan Carlos I of Bourbon, shall continue using for life the title of Count of Barcelona, shall be addressed as Your Royal Highness and be entitled to honours analogous to those pertaining to The Prince of the Asturias.
- The same title and form of address shall correspond to María de las Mercedes of Bourbon and Orleans, the mother His Majesty The King, Juan Carlos I of Bourbon.
Second
The sisters of His Majesty The King, Juan Carlos I of Bourbon, shall be Infantas of Spain and shall preserve the right to the form of address of Your Royal Highness for life, but neither their husbands nor their children shall be so entitled.
Third
Those members of the family of His Majesty The King, Juan Carlos I of Bourbon, who currently have been recognised the use of a peerage pertaining to the Royal Family and to the form of address of Your Royal Highness may conserve them for life, but neither their spouses nor their children shall be so entitled.
Repeal provision
All legal provisions whatsoever of equal or lesser rank, contrary to the provisions contained in the present Royal Decree, are hereby repealed.
