Constitution

Spain 1837 Constitution

Title VIII. Child Kings and the Regency

Article 56

The King is a minor until reaching fourteen years of age.

Article 57

When the King makes it impossible to exercise his authority or a vacancy in the Crown occurs when the immediate successor is a minor, the parliament shall appoint, to govern the kingdom, a Regency composed of one, three or five people.

Article 58

Until the parliament appoints the Regency the kingdom shall be tentatively ruled by the father or the mother of the king, and in their absence, by the counsel of ministers.

Article 59

The Regency shall exercise all the authority of the King, whose name shall be published in acts of government.

Article 60

He who is named in the testament of the deceased King shall be named the guardian of the child king, given that he is Spanish by birth; but the father or mother shall be appointed guardian while remaining a widower. In the lack of the previous, the parliament shall name the guardian; but, the charge of Regent and the charge of guardian to the child king may not be united in the same person, but in the father or mother of the same.

Title IX. The Ministers

Article 61

Everything the King mandates or prepares in the exercise of his authority, must be signed by the Minister it concerns, and no public servant shall give effect to that which lacks this requirement.

Article 62

The ministers may be senators or deputies and take part in discussions of both co-legislative bodies, but shall vote only in that which they belong to.

Title X. The Judiciary

Article 63

The exclusive ability to apply laws in civil and criminal trials pertains to the tribunals and courts; without their being able to perform any other functions than judgment and execution of that which is judged.

Article 64

The laws shall define the courts and tribunals that are to be, the organization of each, their powers, how they are to be exercised, and the qualities that its individuals must have.

Article 65

Trials in criminal matters shall be public, as determined by law.

Article 66

No judge or magistrate may be dismissed from their post, temporarily or permanently, but by a final judgment; nor may they be suspended but by court order, or under orders of the King, when he, on reasonable grounds, mandates a judgment by the competent court.

Article 67

Judges are individually responsible for any breach of law committed.

Article 68

Justice is administered on behalf of the King.