Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-xm8r8 Total loading time: 0 Render date: 2024-06-28T11:22:38.374Z Has data issue: false hasContentIssue false

Chapter 5 - A Transition without Justice?

Published online by Cambridge University Press:  16 December 2020

Get access

Summary

THE “SPANISH MODEL”: RHETORIC ABOUT RECONCILIATION AND A DECISION NOT TO LOOK BACK TO THE PAST

The transition from dictatorship to democracy was triggered by the death of Franco on 20 November 1975. Two days later, King Juan Carlos I was crowned. The restoration of the monarchy took place in strict compliance with the provisions of the dictator who, in 1968, through the Law of Succession, had appointed the grandson of last king, Alfonso XIII, who had left Spain in 1931, before the proclamation of the Second Republic, as his successor. There was no break with the past, but absolute institutional continuity. Juan Carlos I assumed the position of Head of State and Supreme Commander of the Armed Forces. The legitimacy of the monarchy was subsequently confirmed by King Alfonso XIII's son, Juan de Borbón, renouncing the crown in favour of his son, Juan Carlos. The new monarch did not condemn the Franco regime, but rather pronounced messages in favour of harmony and reconciliation among all Spaniards. The monarchy gradually expressed support for establishing a democracy without breaking with the former regime and with calls to look forward to the future and not back to the past.

The Spanish Government, headed by Adolfo Suárez, promoted a process of democratic reform, which was reflected in a law of political reform passed by the Cortes Generales, a body with a parliamentary appearance that had existed under the Franco regime but which had never been directly elected by Spain's citizens. The new law was put to referendum and approved on 15 December 1976. Under these legal provisions, democratic general elections were subsequently held on 15 June 1977, from which a Constituent Parliament emerged, with two chambers, the Congress of Deputies and the Senate, whose primary mission was to draw up a constitution. During this period, a number of measures were adopted that were distinctly democratic in character; these included various amnesties and remedial measures that we shall examine later. Almost all political parties were legalised and were allowed to participate in the elections of June 1977. The trickiest decision centred on the legalisation of the Communist Party.

Type
Chapter
Information
Historical Memory and Criminal Justice in Spain
A Case of Late Transitional Justice
, pp. 61 - 74
Publisher: Intersentia
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×