Monarchy vs. Republic

Otto von Habsburg, heir to the Imperial throne of Austria-Hungary:

The essential purpose of the State, its "content," is rooted in natural law. The State is not an end in itself; it exists for the sake of its citizens. It is therefore not the source of all law (a claim that is still far too widely accepted), nor is it all-powerful. Its authority is circumscribed by the rights of its citizens. It is only free to act in those fields that are outside their free initiative. The State is therefore at all times the servant of natural law. Its task is to give practical effect to this law; nothing more.

If the mission of the State is the practical realization of natural law, the form of government is a means by which the community attempts to achieve this aim. It is not an end in itself. This explains the relatively subordinate importance of this whole question. Undoubtedly a great deal of importance attaches to the choice of the right means, since this choice will determine whether or not the end is attained. But what is lasting in political life is only natural law. The attempt to realize this law in practice will always have to take account of current conditions. To speak of an eternally valid form of government, right under all circumstances, shows ignorance and presumption. From this it would seem to follow that it is fruitless to try to determine -- mostly from the wrong philosophical premises -- the objective value of one or the other form of government.

The discussion will only become fruitful if we keep in mind the end which every such form is intended to serve. It is therefore not a question of investigating what value we are to attach to monarchies or republics as such. What we must ask ourselves is which form offers the best chances of safeguarding natural law under present-day conditions.(...)

Generally speaking, democratic republics represent a regime dominated by the legislature, while authoritarian regimes are dominated by the executive. The judicial power has not had the primacy for a long time, as we have shown above. It found its earlier expression in the Christian monarchies. It is frequently forgotten that the true ruler has always been the guardian of law and justice.

The most ancient monarchs -- the kings of the Bible -- came from the ranks of the judges. St. Louis of France regarded the administration of justice as his noblest task. The same principle can be seen in the many German "Palatinates," since the Count Palatine (Palatinus) was the guardian of law and justice delegated by the King- Emperor.

The history of the great medieval monarchies shows that the legislative power of the king -- even of a king as powerful as Charles V -- was severely limited by local autonomies. (...)

The judge must interpret the meaning of law and justice, and to do this he must be independent. It is essential that he should not owe his position, his function, to any man. The highest judge, at least, must be in this position. This is only possible under a monarchy.

For in a republic, even the highest guardian of the law derives his position from some other source, to which he is responsible and on which he remains dependent to some extent. This is not a satisfactory state of affairs.

His most important task is not to pass judgment in actual legal disputes, but to stand guard over the purpose of the State and natural law. Above all, it is the task of the supreme judge to see that all legislation is in accordance with the State's fundamental principles, that is, with natural law. The monarch's right to veto legislation passed by parliament is a remnant of this ancient function..."