Fundamental Laws and Ideology of the Franco Regime

The Labour Charter and Vertical Syndicalism

The Labour Law (Fuero del Trabajo) was the framework where all Spaniards were integrated into vertical unions. It defined a strike as a crime against the country. Under this law, women were supposedly "freed" from the workplace. The regime established a vertical relationship through the union of autarky, which consisted of the organization of working people and national self-sufficiency under the leadership of the army.

The Referendum Law of 1945

The Referendum Law empowered the Head of State to submit draft laws prepared by the Cortes to a referendum involving all Spanish citizens over the age of 21. This was closely related to the pursuit of self-sufficiency and the Law of Succession, as it established the obligation to hold a referendum for laws concerning the succession of power.

The Law of Succession to the Headship of the State

The Law of Succession defined the political system as a monarchy, but the position of Head of State corresponded to the Generalissimo. In the event of a vacancy in the Headship of State, the Council of Regency would assume power. This law was one of the most important of the era, as it was designed to find a successor to Franco as he aged.

Ideological Foundations of the Regime

The ideological foundations of this stage were characterized by the following pillars:

• Organic Democracy

  There was talk of an organic democracy, which rejected every element of liberal democratic institutions, such as universal suffrage and the establishment of political parties. It sought to minimize leftist elements like Marxism, anarchism, and communism. As observed in the Constitutive Law of the Cortes, the members of the courts were not elected by universal suffrage but through "natural channels." Through the Referendum Law, Franco could use a popular vote to enforce laws created by the Cortes.

• Authoritarianism

  Under authoritarianism, the army played a vital role against the perceived enemy. This concept led to the exaltation of the military. It is evident that the Cortes had no independent power; they were merely advisory and had no function to perform actions against the regime.

• Totalitarianism and National Unity

  Under totalitarianism, the entire population was expected to contribute to the greatness of Spain, setting aside political thought in favor of other relevant national aspects. While some argue the Franco regime was not fully totalitarian, it set a precedent for national unity and the rejection of social class divisions. This was driven by the necessity for autarky and self-sufficiency.