1. SUKCESIJA DRŽAVNOGA POGLAVARA U SUVREMENIM EUROPSKIM MONARHIJAMA.
- Author
-
Vrabec, Samir
- Abstract
The paper deals with modern constitutional legal arrangement of crown succession in European monarchies (Kingdom of Belgium, Kingdom of Denmark, Kingdom of the Netherlands, Kingdom of Norway, Kingdom of Spain, Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland; the Principalities of Andorra, Liechtenstein and Monaco were not included in this review as well as the Grand Duchy of Luxembourg). A general historical review and the development review of this institute in Great Britain has been done. This institute is determined by the genealogical tree of ruling monarch family and a series of additional criteria that, in certain countries, are not congruent to standards of discrimination prohibition and citizen equality in a democratic society. Hereditary monarchy is a discriminatory form of governmental reign per se where, in modern democratic society that proclaims equality (of chances), someone is acceded to the throne by a coincidence of birth in a certain family making him directly the head of state. In this sense, any discrimination debate about the institute of monarch succession becomes superfluous. Still, if a hereditary monarchy already exists as a constitutional and political givenness, the question of the justification of constitutional provisions on sex inequality arises regarding priority in succession line, monarch's denomination and other persons' in the succession line, excluding the extramarital children out of the succession line. These constitutional provisions are in sharp contrast to international conventions in question that these countries ratified. "Disputable" constitutional provisions concerning the whole social community imply that universally accepted social values do not have a reflection in the head of state who should personify that national community. Possibilities of constitutional reforms are analysed regarding discriminatory provisions in the succession line of Spain, Great Britain and of the Scandinavian monarchies. [ABSTRACT FROM AUTHOR]
- Published
- 2011