Franco’s Spain: Analysis of the 1945 Spanish Charter
Spanish Courts and the Charter of 1945
The following text analyzes legal aspects of the Spanish Charter, written on July 17, 1945, during Francisco Franco’s dictatorship. Franco, a military man, held positions until 1936 when he became Generalissimo and Head of State, remaining in power until his death in 1975.
The text examines items from the Spanish Charter, created in 1945 by the Franco government to establish a single, vertical union.
Main Ideas of the Charter
- Traditional values
- Patriotic ideals
- Catholic confessional state (no religious freedom)
- “Family” policies as a means to participate in public office
- The family as the foundation of society; prohibition of divorce
- Protection of workers within Social Security
Key Concepts
Union: An organization of workers defending and promoting their social, economic, and professional interests related to their work.
Municipality: An administrative entity encompassing a single location or several, such as a city, town, or village.
Pardo Palace: The official residence of the Head of State of Spain from 1939 to 1975.
Social Security: A social welfare system providing coverage for socially recognized needs like health, poverty, old age, disability, unemployment, and families with children.
The Franco Regime (1936-1975)
This analysis is framed within the context of Francisco Franco’s government (1936-1975). Franco’s regime exhibited features of both liberal and totalitarian systems:
- Denial of individual rights
- Centralized state suppressing dissenting opinions
- Trade union corporatism controlled by FE JONS
- A single party with strong social control (censorship)
- Defense of Catholicism (National Catholicism)
- Strong anti-communism
Political and ideological groups participating in the 1936 rebellion, the so-called “families,” defended the regime and competed for power. These groups included the army, the Falange, the Catholic Church, the monarchy, Franco’s technocrats, and purists.
Phases of the Franco Regime
- 1937-1945: Construction of the Franco regime (Blue governments)
- 1945-1951: Dominance of National Catholicism; Autarky
- 1951-1957: Institutionalization
- 1957-1973: Development
- Tardofranquismo (Late Francoism)
This analysis focuses on the second phase, autarky, which corresponds to the text.
Autarky and International Isolation
The UN’s condemnation of the Axis powers after World War II led to Spain’s international isolation. This isolation, combined with economic crisis, widespread poverty, and a lack of infrastructure, resulted in closed trade. A heavily state-run subsistence economy, prone to corruption, known as autarky, was introduced. Opposition was suppressed through brutal internal repression, and external blocking was attributed to an international communist conspiracy. The government consisted of Falangists, excluding military and royalist Catholics suspected of contact with republican and socialist opposition.
The Spanish Charter of 1945
Amid international isolation, Franco continued his project of a “liberal” Spain, culminating in the Spanish Charter of 1945. This law served as a declaration of rights and duties (e.g., freedom of speech, provided it did not undermine the fundamental principles of the State). Subsequent laws included the Local Government Act, the Primary Education Act, and the National Referendum Act, allowing important national issues to be put to a popular vote.
Law of Succession (1947)
On July 6, 1947, the Law of Succession to the Head of State was established and approved by referendum. This law defined Spain as a Catholic, social, and representative state, formed into a kingdom according to tradition. It granted Franco the position of Head of State until his death or incapacitation, allowing him to propose his successor to Parliament. The law also established the Council of Regency and the Privy Council. The aim of this legislative effort was to ensure the continuation of the regime devised by Francisco Franco until his death.