El debate sobre la Constitución en el primer franquismo (1939-45)
Historical writing on politics has maintained Franco’s political doctrine avoided thinking about the Constitution and its dogma because the regime had not a definitive constitution. If we studied the works about Franco politics we wouldn’t think that the constitution theme or even the use of the wor...
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| Format: | Article |
| Language: | Spanish |
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2012
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6437770 |
| Source: | Revista de estudios políticos, ISSN 0048-7694, Nº 155, 2012, pags. 207-235 |
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| Summary: |
Historical writing on politics has maintained Franco’s political doctrine avoided thinking about the Constitution and its dogma because the regime had not a definitive constitution. If we studied the works about Franco politics we wouldn’t think that the constitution theme or even the use of the word constitution was rejected. Franco’s political doctrine recognizes that the regime was contrary to the constitutional system that the Republic recognizes, but everybody recognizes in Franco the power to create a system that arises from the Civil War. Franco’s political doctrine, influenced by the Falangist ideas, take on Carl Scmitt’s theories to justify Franco taking constitutional power, whereas the traditional positions thought that the regime was settled on a Constitution that was social, intern, material or historical. To overcome that ambivalence, some theories would emerge. For instance, Sánchez Agesta’s theory that defends Constitution based on organization from institutional postulates. As for Franco Constitution, it recognizes that most of the doctrine that adapts to its characteristics is the one of an open system of mainly organic separate laws, instead of a single code although there were different opinions that maintained that there was a closed Franco constitutional code. |
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