Features and formation of state government in Franco's Spain: legal aspects

Abstract

The article deals with a little-studied issue in the domestic historical and political science literature, namely, the legal foundations of the formation and functioning of the Francoist authoritarian regime, the history of its institutionalization, the specifics of state governance, their significance and role in the peaceful democratic transition of Spain from authoritarianism to a full-fledged democratic system. The emphasis is on the exceptional circumstances against which the legislation of authoritarian Francoism was formed, in particular, on the course of the civil war of 1936-1939 and the post-war partisan communist guerrilla, initiated by Moscow, which actually lasted until the mid-1950s. First of all, the legal registration of the universal institution of the head of state, which was held by F. Franco, his practically unlimited powers, their evolution, which ensured the effectiveness of the legislative norms created by him and after his departure, and the continuity of the king's power, are studied. The laws on the creation of the Cortes, their powers, the rights and obligations of Spaniards, and the succession of the caudillo's power, which were generally of a constitutional nature, are analyzed. The absence of a constitution during Francoism is indicated, but the principles of organic democracy were implemented and a number of organic laws were produced on its basis. It is emphasized that state governance in Francoist Spain was carried out in strict accordance with the specified legislation. The "Organic Law on the State" should be considered the pinnacle of the process of institutionalizing the Francoist state, which claimed the role of a constitution and which strengthened the foundations of the organization of power in the country, the legal status of Spaniards, while changing individual articles of previously adopted basic laws, fixed the legal status of the government and its head and the mechanism for transferring power to the king, made significant changes to the activities of the Cortes, expanding their representation, etc. The study concludes with a conclusion, the essence of which is that the legal registration of Francoism, the mechanism introduced by the caudillo for the transfer of power to the king after his death, created the possibility of a peaceful transition to democracy, the implementation of democratic reforms, and the transition from institutionalism to constitutionalism. This is the historical merit of the legislation of Francoism.