In what ways did the institutional legacy of the Franco regime shape Spain(TM)s transition to democracy?

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In what ways did the institutional legacy of the Franco regime shape Spain’s transition to democracy?

It is an undisputed truth that the Spanish transition to democracy was one of a remarkable nature.  Not only was it smooth, swift and consensual, but it took place within the institutional framework of Franco’s authoritarian regime.  This was an unusual situation and one which had not previously occurred in any other country.  This essay seeks to explore the ways in which various institutions from the Franco regime helped path the way to the democracy, ensuring that the transition was smooth and swift.  However, not all of the institutions helped contribute to such a transition, namely the military.  It did not favour such democratic change and therefore it made numerous attempts to prevent such a transition from occurring.  

The ensuing discussion is to be divided into four sections.  The first of these sections will outline the regime and its unique nature, and talk about the transition to democracy as a whole. The second section is to focus on the institutions which helped to contribute towards the swift and smooth nature of the transition: the monarchy, the Catholic Church and the media.  The third section will focus on the military as an institution, which attempted to prevent such the transition from occurring, and the final section will summarise the findings and provide a conclusion.  Essentially this discussion is to focus on the three main ‘poderes fácticos’, which is the phrase used to describe the centres of power which was hugely influential during Franco’s reign.  (Heywood 1995: 57)  The monarchy was also of huge significance and therefore shall also be included in the discussion.

Spain’s democratisation, although unique in its nature, came at a time when democratic regimes were commonplace.  Around one-third of the democratic regimes existing today are the result of transitions from authoritarian regimes that have taken place since 1973, with undeniably the most frequent and praiseworthy references being made to the Spanish model of transition to democracy.  (Colomer 1991: 1283)  This sudden surge of democratisation has been labelled as part of the “first wave” of Huntington’s, “Three Waves of Democracy”, a concept that comes from one of the most universally renowned piece of literature on the subject of democratic transitions. (Huntington 1991: 13-26)  Being in the first wave of democratic transitions, it could be assumed that subsequent transitions would follow the mould of Spain’s transition.  However what was witnessed in Spain was in fact totally unique to Spain.  

The Franco regime provided an institutional framework which consequently enabled the transition to democracy to be facilitated with ease:

        “…a great irony of Francoism is how institutions and procedures created to sustain authoritarianism had the unintended consequence of preparing the nation for liberal democracy.” (Encarnacion 1997: 401)

This idea is summarised well by Elias Diaz, who calls Franco the, “champion of democracy, the true architect of the transition” (Diaz 2002: 35).  What had happened, in fact, was that Franco’s authoritarian regime had suffered under the pressures of modernisation and opposition.  What had once been a regime committed to Franco’s Fundamental Laws and the glorified National State was, at the time of Franco’s death, a regime made up of institutions which seemed to path the way to a smooth and consensual transition to democracy.  By the mid-seventies these economic, social and cultural institutions of Spain were, “already quite close to those of Western Europe, and the cultural beliefs, normative orientations and attitudes that go with the workings of these institutions were also close to the European ones” (Perez Diaz 1990: 15).  In summary, the political transition to democracy worked so smoothly and swiftly because many institutional structures were already in place to encourage such change.

One of the key factors regarding the smooth and swift nature of the Spanish transition to democracy was the fact that there was a great degree of administrative and legal continuity from Franco to democracy.  Essentially, there was no lustration in Spain for the administrative structures remained in tact during the transition from Franco’s regime to democracy. Franco’s regime had lasted thirty-six years and had created a complex institutional structure, and therefore, “change, when it came, was initiated from within the old regime.” (Ross 2004: 132)  There was no need for a revolutionary overthrow of any existing institutions, for most of the changes that were made during the transition merely took place through the mechanisms of the dictatorship.  A solution was proposed by the anti-Francoists, who wanted to move away from the authoritarian regime, which suggested using the legality of the Franco Fundamental Laws and the Cortes in order to constitutionally move away from the regime, against the spirit and intent of those laws (Linz & Stepan 1996: 91).  This reinforces Encarnacion’s view regarding the “great irony of Francoism”.  After all, Franco’s authoritarian rules and laws were manipulated by the political class in order to proceed with the democratic transition.  

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This next section is to look closely at the institutions of the Franco regime which contributed to the swiftness and the smooth-nature of the subsequent democratic transition.  The first institution which shall be discussed during this section will be the monarchy.  Franco’s regime was, in fact, a monarchy, even thought there had been no king or queen on the throne since the beginning of the Second Republic, in 1931.   Nevertheless, following the end of the Spanish Civil War in 1939, in a bid to regain support, Franco formally restored the monarchy once more in 1947, “although the dictator ...

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