La problemática constitucional de la formación del Gobierno y la intervención del monarca en nuestro régimen parlamentario

Abstract

Understanding the prolonged government crisis that the Spanish democracy has recently experienced requires a review of the specific normative assumptions from which it starts, that is, to interpret article 99 of the Constitution. Besides, in a broader context, we need to consider the role of the Head of State in parliamentary systems, both in a Monarchy and in a Republic. From this theoretical and institutional context, important conclusions can be drawn, which may propose a new reading of the King’s constitutional position in what can be termed, as Professor Stern did, referring to the formation of government in parliamentary regimes, «the Core of the system». Finally, the study accomplishes a dubious conclusion about the possibilities of bringing a constitutional reform of the previously mentioned article 99 of the Constitution.