For m. means the government of one who exercises power by the will of a god (and / or the people), in an absolute way or the limitation of a Council for a Parliament or a Constitution, sometimes with a right to transmit their descendants (dynastic right). In m. absolute "The legal system is created in all its stages and applied directly by the monarch or by bodies appointed by it. The monarch is personally irresponsible, and he is not subject to the law, not being subject to any legal sanction. The position of monarch is hereditary, each sovereign or appoint his successor "(Kelsen 1994: 305).
3.1. The monarchy in the history
probably m. is the most widely practiced form of government in history, from its remotest origins and until the first half of the twentieth century. In its favor were cast those who do not believe in the city and want a dual society.
Until the end of the High Middle Ages, M is taken for granted, but after the establishment of municipalities and the particular historical development of England, it is necessary to explain why we should prefer it to forms of participatory governance. And then you go saying that the state is like a family where there is a father (the king) who takes care of his wife and children (the subjects) in return for respect and obedience. Confront the idea of \u200b\u200bm. that is to say that the family M is a natural fact, as is family, and also means that the subjects take on the status of the infant son. Moreover, it is saying that the king is directly installed on the throne of God, which means that its shape is not only natural but also sacred and therefore should not be questioned. And, in fact, the institution of the monarchy is not questioned, at least until the French Revolution.
For St. Thomas Aquinas, M constitutes "the best form of government" (HELD 1997: 60). Dante agrees: "there must be one that drives and controls, ie, the monarch or emperor. And so it is clear that the welfare of the world fits the Monarchy or Empire (Monarchy , I 6.10).
Even in the modern age is widespread the old idea that the state is the monarch's private property, along with the subjects. This concept, which is already implicitly present in the thought of Machiavelli, is explicitly affirmed and reaffirmed later by Jean Bodin, from Cardinal Richelieu, King James I of England and many others, and even if there are any dissenting voice, like that of Henry Parker, in the first half of the seventeenth century, gives the sovereignty of Parliament, until the time of Locke, according to the prevailing opinion, the king receives his authority from God and rule by divine right: this is the argument put forward by Robert Filmer in his book, The Patriarch , now almost forgotten, and also shared by the Catholic Church.
From this line of thought has distanced Locke, who argues that the authority policy is not from God but from the consent of the people, and that state power is in the service of citizens, and not vice versa. In giving its consent to a king, says Locke, the people retain sovereignty and the right to remove, if he does not fulfill their natural rights. On this basis, starting in the Glorious Revolution, is affirmed M parliamentary and elective and enters into the modern world the spirit DR. The shift is clear. While Roman law, in fact, had spoken in favor of the principle that the will of the king is above the law and does not depend on it, now you begin to say that the king is subject to the law.
The change is important, but not so to alter the substance of things. In fact, as Norberto Bobbio has correctly noted, even if someone thought that the elective monarchy was better than hereditary, "nobody has ever thought that a monarchy for being elected monarchy was no longer" (1999: 325). According to the anarchist Godwin, the monarchy is the worst of governments, because it is based on the differences by birth and wealth, and "people do not fit on its own merits but according to his titles." Each king is "enemy of the human race" (Godwin 1997: 120). Indeed, where there is M, there is inequality by birth and where there is inequality birth there is no democracy.
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