Description
Neutrality and the Head of State
Book Summary
This work offers a rigorous analysis of the viability and utility of the role of Head of State as a neutral power in contemporary parliamentary democracies, with special attention to the case of the Spanish parliamentary monarchy. Drawing on the classical theories of Benjamin Constant and Carl Schmitt, the author examines the evolution of the concept of neutral power and its practical application in modern constitutionalism. An essential study for understanding the foundations and challenges of the Head of State in the current political system.
What is it about?
The book begins with the doctrine of neutral power formulated by Benjamin Constant two centuries ago, who sought to give meaning to the Head of State as a preserving power. Subsequently, it analyzes how Carl Schmitt revisited this idea to construct the figure of the Head of State as a guardian of the Constitution, in a dialectical debate with Hans Kelsen. The author questions whether this model of the Head of State as a neutral power is viable and useful in current parliamentary democracies, focusing on the Spanish parliamentary monarchy. Through a doctrinal and comparative study, the functions, limits, and justification of this key institution in the constitutional balance are explored.
Main themes
- Theory of neutral or preserving power in constitutional tradition
- The figure of the Head of State as guardian of the Constitution
- Dialectical relationship between Carl Schmitt and Hans Kelsen on constitutional control
- The Spanish parliamentary monarchy and its place in contemporary democracy
- Functions and limits of the Head of State in parliamentary systems
Who is it recommended for?
This book is aimed at students and professionals of Constitutional Law, political scientists, historians of political thought, and any reader interested in the functioning of state institutions. It is especially useful for those who wish to delve into the theoretical foundations of the parliamentary monarchy and the role of the Head of State in the balance of powers.
What this book contributes
- An updated analysis of the doctrine of neutral power applied to parliamentary democracies
- Keys to understanding the classical debate between Schmitt and Kelsen on the guardianship of the Constitution
- A reflection on the utility and legitimacy of the Head of State in the 21st century
- Conceptual tools to evaluate the role of the King in the Spanish constitutional system
Technical specifications
- Author: Antonio Cidoncha Martín
- Publisher: J.M. Bosch Editor
- Language: Spanish
- Subject: Constitutional and Administrative Law, Fundamental Rights and Public Liberties
- Collection: Cuadernos de Derecho Constitucional
- Binding: Paperback
- Publication date: July 2023
- Number of pages: 208
- Weight: 200 g
Editorial review
This work constitutes a solid contribution to the study of Constitutional Law by revisiting a classical debate and updating it to contemporary political reality. The author, with a consolidated academic background at the Autonomous University of Madrid, offers a rigorous and well-documented approach that will be of great interest to specialists and advanced students. The clarity of exposition and the depth of the analysis make this book an essential reference for those seeking to understand the role of the Head of State in current democratic systems.