Franco’s Dictatorship: Foundations and Legal Framework in Spain
Franco’s Political System and its Foundations: The Dictatorship
Franco was the head of state and head of government, and his power system was based on his omnipotence. He was responsible for the declaration of legal norms, and as the supreme power of the three armies, he also had the main control.
To start building the new Spain, these bases were used: a dictator, Franco “Caudillo”; a totalitarian ideology, national syndicalism; and a single party, the FET y de las JONS.
Falangists, monarchists, Catholics, and the military, the “families of the regime”, along with the oligarchy and the lords, had economic participation in government-level agencies and organizations. Many of them provided loyalty to the ideological basis of the movement in exchange for enriching their social lives. After purging the above officials, civil servants who did not enforce the rules and repressive measures aimed at loyal servants were targeted.
Structuring the Legal Regime: The Fundamental Laws of the Kingdom (1938-1967)
During the Civil War, the only party (FET) was created (1937), the work of courts was proclaimed (1938), and press censorship was introduced (1939). Within the FET (Traditionalist Spanish Falange), Falangists and monarchists from the Spanish Carlist Party Renewal were collected from the beginning. Following the totalitarian ideology, the party and state were to be completely identified, but this was not completely satisfied.
Trade Unions Act 1940
Union. This is how the Spanish Trade Union Organization was created, under the direction of a single party. This official syndicate had to be met, necessarily, by staff and business unionism, and thus the vertical union was born. Labor unions were based on the principles in the theory of this guidance, but in practice, the policy was defined by the Ministry of Labor and Labor Relations, the pillars of syndicalism.
A similar path was followed by the organization of Spanish youth. Under the FET, the party’s youth organizations were responsible for some of the ideological indoctrination: the Youth Front, the Spanish University Union, and the Women’s Section.
1939 – Political Responsibility Act
This was to “sanitize” public life; in other words, it aimed to remove staff who would not work for the regime.
1940 – Act for the Repression of Communism and Freemasonry
This act was proclaimed to face “the enemy within the territory,” and the Code of Military Justice came into force once again.
1941 – State Security Law
The State Security Law was enacted the following year, and statements and strikes were banned.
1942 – Creation of the Spanish Courts
Providing a continuous process of institutionalization of the dictatorship, the Spanish courts were created. The legitimization of the dictatorship of “organic” democracy was based on political forms completely away from democracy, and this was completely against the recognition of individual rights. Like all institutions, Franco used Parliament for discussion and consultation, but it was always under his control.
Spanish Charter – 1945
The basic principles of the regime and the obligations and rights of Spaniards were supported by the theoretical Charter.
Succession Act – 1947
The Succession Act was approved by referendum. The Kingdom of Spain was defined, and Franco was handed over the power to appoint a future king.
The Church and the Army
These two institutions played a key role in the consolidation of the dictatorship and in ensuring its duration. The Catholic Church had legitimized the coup and the civil war. The war was framed as a Catholic crusade against the enemies of religion, and in later years, especially in the church hierarchy, it played in favor of the regime. After World War II, the church helped Franco against the international appearance of the dictatorship. In exchange for this protection, Franco gave the church a great prize. The Catholic religion became the official state religion, and the church received large amounts of money from the state budget within the framework of public education and had spread. Officially, the Church met in schools and educational institutions. Compulsory teaching of religion became available, and the church was tasked with protecting traditions and morals through censorship.
On the other hand, in gratitude for the direct participation of the army in the victory, senior military positions were inserted into political, economic, and administrative institutions (a quarter of Franco’s ministers were from the army). In fact, Franco’s army was a guarantee of unity and ratified Spanish nationalism against the nationalism of small nations within the territory.