Francoist Spain - Government

Government

After Franco's victory in 1939, the Falange (the FET y de las JONS formed in 1937 by the FE de las JONS, the Carlists, and several conservative groups) was declared the sole legal party in Spain, and asserted itself as the main component of the Movimiento Nacional. In a state of emergency-like status, the 100-member national council (central committee) of the FET worked as makeshift legislature of Spain until the passing of the Organic law of 1942 (Ley Organica) and the Constituting of the Cortes Act (Ley Constitutiva de las Cortes) the same year, which saw the grand reopening of the Cortes Generales on July 18, 1942.

The Organic Law stipulated the government to be ultimately responsible for all legislation of the country, while defining the Cortes of Spain as a purely advisory body elected by neither direct or universal suffrage. As all ministers were appointed on the grace of Franco as the "Chief" of state and government, he was monopolized as the one source of legislation. The law of national referendums (Ley del Referendum Nacional), passed in 1945 approved for all "fundamental law" to be approved by a popular referendum, in which only the family heads could vote. Local municipal councils were appointed similarly by family heads and local corporations through elections, while the government exercised the exclusive right to appoint mayors. It was thus one of the most centralized countries in Europe, and certainly the most centralized in Western Europe following the fall of Portuguese dictator Marcelo Caetano in the Carnation Revolution.

The law of referendums was exercised twice; in 1947, when a law approved through a referendum revived the Spanish monarchy with Franco as interim regent for life with sole right to appoint his successor, secondly in 1966, to approve of a new "organic law", or constitution, supposedly limiting and clearly defining Franco's powers as well as formally creating the modern office of President of the Government of Spain. By delaying the issue of republic versus monarchy for his 36-year dictatorship, and by refusing to take up the throne himself in 1947, Franco sought to antagonize neither the monarchical Carlists (who preferred the restoration of a Bourbon), nor the republican "old shirts", i.e. the original Falangists. In 1961, Franco offered Otto von Habsburg the throne, but was refused, and ultimately followed Otto's recommendation by selecting the young Juan Carlos of Bourbon in 1969, shortly after his 30th birthday (the minimum age required under the Law of Succession).