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Spanish nobles rebel over inheritance law | World news | The Guardian

The grandees have also tried to drag King Juan Carlos into the row. "We beg your attention and understanding in finding a solution that will resolve the violation perpetrated on us," they wrote to him. The rebels see the fact that male primogeniture survives in the royal family, regardless of the fact that the current king's oldest child is a daughter, as one reason for striking down the law.

"We feel the monarchy and the nobility should go hand-in-hand," said Mr Temboury. At a tense meeting of the Disputation of Grandees, as the official club for Spanish nobles is known, King Juan Carlos made it clear that he did not back the rebels. "The new regulations for noble titles should make you look to the future," he said in a letter to those congregated there in March.

King Juan Carlos's heir, Prince Felipe, has two daughters. The Spanish constitution would have to be changed if a son were born to allow the elder daughter to inherit the crown.

Let's see.

The Spanish Constitution "protects" certain sections (including the one on fundamental right and freedoms, and the chapter on the Crown) by 1) requiring a strong supermajority to reform them; 2) triggering a constitutional convention if "the principle of the reform" is approved by the Parliament. In other words, suppose Spain wanted to become a Republic and the Congress and Senate voted in favour of the proposed Constitutional reform by ample majorities. This would trigger a dissolution of the Parliament, and elections to a Constituent Parliament which would draft a new Constitution. This is eminiently sensible if you're going to change the form of the State. But now, the inheritance of the Crown is codified in the Constitution (also eminently sensible since Spain had 3 civil wars in the 19th century over a dynastic dispute involving... you guessed it, whether women could acceed to the Crown). Which means that removing the gender discrimination in royal succession (something everyone in Parliament agrees to) would trigger Constitutional Elections. Of course the new Constituent Parliament could just approve the exact same Constitution we have now, with amendments, but the fear is that it would not happen as the Spanish polity is more fractious now than in 1977 (less political violence on the streets, but more fractious nonetheless) and bad things would occur if the whole constitution were up for grabs.

So these male nobles who want to tie their inheritance to the Crown's are just obfuscating. The Spanish Constitution makes no mention of nobility titles: they are considered a matter for civil or even personal law.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.

by Migeru (migeru at eurotrib dot com) on Wed Jul 15th, 2009 at 04:40:37 AM EST
[ Parent ]
Ley 33/2006, de 30 de octubre, sobre igualdad del hombre y la mujer en el orden de sucesión de los títulos nobiliarios.Ley 33/2006 of 30 October, on the equality of men and women in the succession order of nobility titles.
Juan Carlos I,
Rey de España
Juan Carlos I
King of Spain
A todos los que la presente vieren y entendieren. Sabed:
Que las Cortes Generales han aprobado y Yo vengo en sancionar la siguiente Ley.
To all who would see and understand this.
Know:
That the Parliament has approved and I come to assent to the following law.

I'm just translating this because I find it picturesque...

EXPOSICIÓN DE MOTIVOSExposition of motives
Actualmente la posesión de un título nobiliario no otorga ningún estatuto de privilegio, al tratarse de una distinción meramente honorífica cuyo contenido se agota en el derecho a usarlo y a protegerlo frente a terceros.At present the possession of a nobility title does not give any privileged status, being a merely honorary distinction whose content extends only to the right to use it and protect it from third persons.

A nobility title is not unlike a trademark, then. Now, why is this regulated?

En la concesión de dignidades nobiliarias de carácter perpetuo, a su naturaleza honorífica hay que añadir la finalidad de mantener vivo el recuerdo histórico al que se debe su otorgamiento, razón por la cual la sucesión en el título queda vinculada a las personas que pertenezcan al linaje del beneficiario de la merced. Este valor puramente simbólico es el que justifica que los títulos nobiliarios perpetuos subsistan en la actual sociedad democrática, regida por el principio de igualdad de todos los ciudadanos ante la Ley.In the concession of nobility honours in perpetuity, apart from the honorary nature one must add the goal of keeping alive the historical memory which caused the award, the reason for which the succession to the title is tied to the people belonging to the lineage of the recipient of the honour. This purely symbolic value is what justifies that nobility titles in perpetuity subsist in the current democratic society, ruled by the principle of equality of all citizens before the law.

Okay? We keep nobility titles because there is no reason to go through the trouble of abolishing them. But they are purely honorary and equality before the law is supreme.

Sin embargo, las normas que regulan la sucesión en los títulos nobiliarios proceden de la época histórica en que la nobleza titulada se consolidó como un estamento social privilegiado, y contienen reglas como el principio de masculinidad o preferencia del varón sin duda ajustadas a los valores del antiguo régimen, pero incompatibles con la sociedad actual en la cual las mujeres participan plenamente en la vida política, económica, cultural y social.However, the norms regulating succession in nobility titles come from a historical time when titled nobility was consilidated as a socially privileged social stratum, and they contain rules such as the principle of masculinity or preference of the male no doubt adjusted to the values of the old regime, but incompatible with the current society in which women take full part in political, economic, cultural and social life.
......
DISPOSICIÓN TRANSITORIA ÚNICA.Single transitional provision
En la aplicación de la presente Ley a los títulos nobiliarios concedidos antes de su vigencia se observarán las siguientes normas:In application of the current law to nobility titles awarded before this law came into force, the following norms shall be observed:
  1. Las transmisiones del título ya acaecidas no se reputarán inválidas por el hecho de haberse realizado al amparo de la legislación anterior.
  1. Transmissions which took place already will not be considered invalid because they were made under the previous law.

Not retroactive, then.

Conclusion: The Guardian has its head up its arse.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.

by Migeru (migeru at eurotrib dot com) on Wed Jul 15th, 2009 at 05:01:10 AM EST
[ Parent ]
Migeru:
King Juan Carlos's heir, Prince Felipe, has two daughters. The Spanish constitution would have to be changed if a son were born to allow the elder daughter to inherit the crown.
Needless to say, everyone is hoping that this won't happen. Should a son be born before the Constitution is amended, the constitutional amendment would be postponed until he accedes to the Crown in order to avoid dynastic claims. People were hoping the constutition would be amended before the Crown Prince had his first child, but it couldn't be (due to the fractiousness I mentioned above).

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.
by Migeru (migeru at eurotrib dot com) on Wed Jul 15th, 2009 at 05:27:34 AM EST
[ Parent ]
Migeru:
The grandees have also tried to drag King Juan Carlos into the row. "We beg your attention and understanding in finding a solution that will resolve the violation perpetrated on us," they wrote to him.
The King signed the law itself, you dunces!
"The new regulations for noble titles should make you look to the future," [the King] said in a letter to those congregated there in March.
What a shock.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.
by Migeru (migeru at eurotrib dot com) on Wed Jul 15th, 2009 at 09:20:30 AM EST
[ Parent ]

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