The monarch is the head of state or government of almost all modern nations. monarchies in modern times have ceased to exist as legal systems, although there are hereditary monarchies that survive in parts of Europe. monarchies in modern times do still exist in some countries. The modern sovereign maintains a symbolic position as that individual whose name governs law and justice is established, but because of the deteriorated system of law and justice in modern society, the monarch is no longer closely involved in the day-to-day management of law and justice.
The Constitution of United States is based upon what the framers called “checks and balances,” which are described as constitutional safeguards designed to prevent the tyranny and injustice of the majority rules. The constitutionality of American monarchies has long been questioned by many prominent legal thinkers, including George Washington. One of these thinkers, Alexander Hamilton, the fifth president of the US, has said that a monarchical government will inevitably degenerate into an aristocracy of wealth. He stated: “The natural tendency of monarchy to become corrupt is immediately noticed when the weight of taxes and other proprietary burdens becomes heavy on the government, when the possession of property increases in the people, when there are public debts that the crown cannot afford to support, and in case the general government should fail to refund them. These are the symptoms of a degenerating nature of the government.”
Many people believe that the absolute monarch of France, Louis XIV of England, was the first great French monarch. However, another claimant to this throne was King Henry II who reigned from 14th century until his death in 1503. Some history books say that Henry II reigned for fourteen years and that his reign was marked by the rising of the Hundred Years War. The Hundred Years’ War broke out in France during the time of Henry’s brief visit from England.
The modern section needs to understand that the modern constitutional monarchies were not established overnight. Their origins can be traced back to the period of the Renaissance. During that time the then King of Spain, Ferdinand of Aragon, declared himself the first hereditary monarch. He named his son Emperor Charles V and set up a council to govern the country.
This constitution lasted for another thirty years until the death of Charles V. During his reign, however, the constitution was amended numerous times to suit different situations. It was changed again to suit the needs of each monarch and the prevailing moods of the day.
Today the modern constitution of modern Spain is known as the Castilian constitution, since it was created in the 15th century under the guidance of the English king Henry VIII. The modern constitution of today Spain differs from the constitution of ancient times in many ways. A key feature of the modern constitution is the existence of two types of monarchies namely absolute monarchy and constitutional monarchy. Absolute monarchy is characterized by the presence of a hereditary monarch who rules through an executive council and makes all decisions by virtue of that position. Constitutional Monarchy, on the other hand, occurs when a constitutional monarch rules through a consultative assembly instead of an executive council and has the right to rule by military command.
An example of an absolute monarchy is the United Kingdom. Under the British constitution, there is a hereditary monarch who is also the head of state. The British Royal Assent, hereditary right of a British subject, serves as the most important guarantee of the constitutional rights of the citizens. In other words, every citizen enjoys the right of abeyance or abrogation, which is the right to reduce or abolish a law during the existence of a constitution. In essence, every constitution guarantees the freedoms of citizens to change laws whenever they choose.
The framers of the constitution of the US sought to prevent absolute power from becoming absolute by limiting the absolute power of the monarch. They limited the absolute right of the royals to reign. When the royals abdicate their constitutional authority, it is done so through a process called the “consulship,” which is a body of senior officers nominated by the king and queen for the purpose of carrying out the will of the people. These appointments, however, are never carried out by the king and queen themselves as the constitution severely restricts their ability to do so.