Fundamental Laws of the Realm
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The Fundamental Laws of the Kingdom ( es, Leyes Fundamentales del Reino) were a set of
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
s organizing the powers of the Francoist regime in
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, the dictatorship of
Generalissimo ''Generalissimo'' ( ) is a military rank of the highest degree, superior to field marshal and other five-star ranks in the states where they are used. Usage The word (), an Italian term, is the absolute superlative of ('general') thus me ...
Francisco Franco. In 1977, during the transition, an eighth law with the same status as the others was brought into effect, altering the legislative framework in order to bring to a head the process of political reform. Rather than a typical
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
, the laws were ', a distinctly Spanish legal concept dating to medieval times with a wide range of meanings, as they had not been developed or approved by elected representatives. The Fundamental Laws were ultimately revoked by the
Spanish Constitution of 1978 The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was ...
. The eight laws were: :1. The of 1938: Influenced by the
Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...
Labour Charter of 1927, it regulated the labour conditions and economic life of Spain. Though it established a minimum wage and limits on the length of the working day, these concessions were subordinate to the national interest. :2. The of 1942: Created with an eye to a coming Allied victory in
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
. It recreated the
Cortes Cortes, Cortés, Cortês, Corts, or Cortès may refer to: People * Cortes (surname), including a list of people with the name ** Hernán Cortés (1485–1547), a Spanish conquistador Places * Cortes, Navarre, a village in the South border of ...
as a limited instrument of collaboration, for creating and promulgating new laws. The first Cortes of Francoist Spain was inaugurated on 18 July 1942. :3. The of 1945: Fixed the rights and duties of the Spanish people. One intent was to convey an impression of formal democratisation to the
Potsdam Conference The Potsdam Conference (german: Potsdamer Konferenz) was held at Potsdam in the Soviet occupation zone from July 17 to August 2, 1945, to allow the three leading Allies to plan the postwar peace, while avoiding the mistakes of the Paris P ...
. :4. The of 1945: Established the use of referendums to settle important points. The Law of Succession made it obligatory to hold a referendum to change the fundamental laws. :5. The
Law of Succession to the Headship of the State The Law of Succession to the Headship of the State ( es, Ley de Sucesión en la Jefatura del Estado) was the fifth of the eight Fundamental Laws of the Realm organizing the powers of the Francoist regime in Spain. It established provisions for th ...
of 1947: Regulated the Succession; the
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was ''de jure'' restored. Franco would remain head of state for life. Created the Council of the Realm and the Council of the Regency. The law was approved by a referendum on 6 July 1947. :6. The of 1958: Established some organising principles for the judiciary of Franco's Spain, and enshrined into law the principles of Francoism ''per se''. :7. The Organic Law of the State of 1967: Enumerated the ends of the state and fixed the powers and duties of the Head of State, as well as creating formally the office of Chief of Government. The law was approved by a referendum on 14 December 1966. :8. The Law for Political Reform of 1977: Political reform was begun in 1976. This law established the minimum conditions for the election of a new Cortes by universal suffrage, and authorised it to carry out the constitutional reforms of the transition. The law was approved by a referendum on 15 December 1976. Thus, in the State's time of rupture, the existing legal structures were used to create a parliamentary monarchy.


See also

*
Basic Laws of Israel The Basic Laws of Israel ( he, , Ḥukey HaYesod) are thirteen constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and sectio ...
, a similar set of ''de facto''
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
s enacted in place of a constitution.


Bibliography


«El franquismo» Leyes fundamentales del Estado franquista. Infoguerracivil.com. Consultado el 31 de agosto de 2009.


External links
















Fundamental Laws of the Realm
{{Authority control Law of Spain Francoist Spain Legal history of Spain Constitutions of Spain