Radim Seltenreich
Author’s affiliation: Faculty of Law, Charles University

Between ideology and pragmatism – the constitutional anchorage of the Francoist regime in Spain

Jurisprudence 3/2020 Section: Articles Page: 11–20

Keywords: Francoist regime, Falangist ideology, constitutionalism and ideology, fundamental laws, Labour Code

Abstract: In his article, the author deals with the Francoist state in Spain whereas the main intention of his study is to investigate the influence of the ideology on the constitutional anchorage of the regime. On the concrete wording of the key “fundamental laws” of the state, which fulfilled namely the role of its constitution, the author wants to show how the regime gradually changed from the founding and implacable ideology to progressive pragmatism, which had to consider, in particular, the changing international situation. Specifically, the author familiarises us with the Spanish constitutional development until the civil war, whereas he gives adequate attention to the Falangist movement and its ideology, which expressed themselves especially through the Labour Code from the year 1938. In the subsequent part of the text, the author focuses on an explanation of the certain constitutional transformation of the regime in connection with the end of World War II and the beginning of the Cold War. Finally, the closing part of his study depicts the last period of the constitutionalism of the Francoist regime in connection with the demise of its founder.