Introduction

Prior to the restoration of the Bourbon monarchy in the last King of Spain was Alfonso XIII, who effectively ruled from 1902 to 1931. Following a period of political unrest, during which the monarchy fell into increasing disrepute and the political tide turned strongly in favour of republicanism, Alfonso fled the country in April 1931 ‘to save the country from civil war’. Until after the Civil War of 1936–the Spanish royal family was to remain in exile in Italy Shortly before his death in Alfonso abdicated in favour of his son Don Juan, Count of Barcelona, who was to live in exile in Portugal up to and beyond the end of the Franco era (figure 3.1).

Monarchical restoration

On 22 November two days after the death of General Franco, Juan Carlos de Borbón y Borbón, son of Don Juan and grandson of Alfonso XIII, was proclaimed King of Spain. In a simple ceremony, the new monarch was sworn in by the president of the Cortes; on this occasion, as in Juan Carlos pledged to uphold Franco's Fundamental Laws, which include the Succession Law (3.2.1.1) and the Organic Law of the State (3.2.1.2).

Since Juan Carlos had been appointed successor to the headship of state by a widely hated dictator and since in November 1975 his father, Don Juan, had not renounced his dynastic rights, it is worth asking what legitimate authority, if any, the new monarch had for ascending the long-vacant throne of Spain.