Francoist Spain: An Analysis of the 1945 Spanish Jurisdiction
Jurisdiction of the Spanish. The text proposed discusses a selection of articles from the Spanish Charter, enacted in the Pardo Palace on July 17, 1945, the ninth anniversary of the “glorious national uprising.” The text is a primary, public, and direct historical source, reflecting the dictatorship of General Francisco Franco. It’s a legal text of a political nature, revealing the characteristics of the era: a personal dictatorship with elements of fascism and totalitarianism, centralism prohibiting regionalism, press censorship, rejection of individual rights, and power monopolized by Franco. The text’s author is Franco himself, who led rebel troops against the Republicans in the Civil War. The regime’s foundation rested on the support of various groups: the military, the Falange (blue shirts), the Church (Opus Dei and the National Catholic Association of Propagandists), monarchists (Carlists and Sanjuanistas), Franco loyalists (“White Castle,” the “bunker”), and technocrats (prominent in the 1960s). The intended audience is clearly the Spanish people.
To understand the text, we must consider its historical context: the Franco regime (1937-1975). This began during the Civil War with Franco’s appointment as head of state and government, and commander of all armed forces. In 1937, he unified supporting parties into the single National Movement. The following year saw the implementation of laws such as the Labour Law (abolishing strikes), the State Administration Act (centralizing power), and the creation of a single vertical union. This marked the first (1937-1945) of five stages of the Franco regime: the construction phase of the Francoist State (characterized by Falange control of newspapers like “Pueblo,” unions like the SEU, and organizations like the Women’s Section and the Youth Front).
The second stage (1945-1951) coincided with the fall of fascism in Europe, leading to Spain’s international isolation and the implementation of a self-sufficient economy. This period saw laws such as the Law of Local Government, the Primary Education Act, the National Referendum Act, and the Law of Succession (establishing Franco as head of state until death, Spain as a Catholic, social, and representative state, and outlining the Council of Regency and the Kingdom). The Jurisdiction of the Spanish (1945) was a declaration of Spanish rights, albeit within the constraints of the regime.
Analysis of the text reveals rights, duties, and freedoms for the Spanish. It can be divided into three parts: The first part (Articles 1 and 10) outlines rights such as dignity and liberty (unless prejudicial to the state), and participation in public functions through state-recognized institutions (family, municipality, union). However, these institutions were used for control, limiting free participation. The second part (Articles 2 and 6) details citizens’ duties: “Spanish owe faithful service to the nation, loyalty to the head of state, and obedience to the laws.” Only Catholicism was permitted. Religion played a significant role, with Catholic morality permeating the law. The third part (Articles 22 and 28) addresses state improvements for workers, including assistance for large families and social insurance. This shows not only rights and duties but also state intervention to improve the situation of the Spanish, under the absolute subordination to Franco.
In the following stages, the regime gradually opened its borders (military pact with the U.S., NATO, the 1953 Vatican Council), leading to internal unrest and strikes. The 1960s saw a rise of technocrats focused on economic growth within an authoritarian state, and the Organic Law of the State, paving the way for potential EEC entry and Vatican compliance. Franco’s weakening power led to the appointment of Juan Carlos de Borbón as heir. Carrero Blanco and then Arias Navarro succeeded Franco as prime minister, marking a further opening of the country and reflecting the regime’s crisis. Franco’s death in 1975 ended the regime.
In short, the Franco regime relied on the support of “political families” (army, Falange, Catholics, etc.), landowners, farmers, and urban middle sectors, and absolute control of propaganda and education, which was only undermined in the later years.