Franco’s Regime: Ideological Foundations and Laws
Ideological Foundations of Franco’s Regime
After the Spanish Civil War, Francisco Franco created a new state based on a personal dictatorship in which his power was unquestionable. Ideologically, it was based on a conservative, Catholic, and unitary state, banishing liberalism, democracy, independence, and communism. In this totalitarian regime, all powers were concentrated in the figure of the Head of State, Franco, who was also Prime Minister and Chief of the Armed Forces. In imitation of the Fascist States, he organized a single political party based on the FET y de las JONS, whose leader was Franco. This system was a blend of fascism, military dictatorship, and an absolute monarchy without a king. This personalistic regime dismantled the institutions of the Republican era, suppressed the Constitution of 1931, and prohibited the statutes of autonomy and all political parties and trade unions.
Institutionalization and Fundamental Laws
The dictatorship tried to present an image of legality with the enactment of a series of Fundamental Laws. These were introduced throughout the dictatorship, although they should not be confused with a constitution as they lacked democratic legitimacy. The principal of these laws were:
Fuero del Trabajo (1938)
It is a statement of workers’ rights and obligations of the company and the state regarding the production structure of the new unionism privileges as vertical and unique. Employers and employees would be integrated into a single union by industry, and membership was compulsory.
Ley Constitutiva de las Cortes (1942)
When the fascist powers were losing World War II, Franco decided to change the appearance of his political system. Franco’s Courts were conceived as an organ of involvement and lawmaking, with the Chief of State having the power to return laws to the courts for review. These courts had nothing to do with democratic representation because their representatives were appointed by the power and among them were ministers and mayors of provincial capitals. The system called this “organic democracy”.
Fuero de los Españoles (1945)
After World War II, the regime tried to readjust to the circumstances in Europe by adopting the Fuero de los Españoles as a hypothetical bill of rights. The text mentions rights but also points out their limitations and the possibility of being suspended by government decree without parliament.
Ley de Referéndum Nacional (1945)
Aimed to give an appearance of representation and participation of citizens in the legislature. It allowed citizens over 21 years of age to vote when the importance of laws required it or the public interest demanded it.
Ley de Sucesión a la Jefatura del Estado (1947)
Provided for a monarchy as the successor to Franco. Spain was declared a “social and representative state” and constituted as a “Kingdom.” It allowed for a Council of the Realm in which the Head of State made the decisions and a Council of Regency which assumed the functions of the Head of State in case of vacancy. The leader was given the power to appoint a successor as Head of State, who must be over 30 and swear to the fundamental laws of the nation and the general principles of the Movement.