The Constitutional Aspects of the Spanish crossing towards Democracy - since Frankist Dictatorship till Rule of Law
Abstract
The author in his article deals with the problematics of the constitutional aspects' crossing of the Frankist regime towards the democracy. In the accordance with this he firstly depicts "the constitutional anchorage of the Frankist regime" since its beginnings in the time of the civil war till Franco's death in the year 1975.
In this connection he emphasizes mainly the importance of the "fundamental laws" which represented the constitutinal legitimation of this dictatorship. The author then deals with their character and underscores their ideological background which makes impossible to speak about the existence of the rule of law.
In the second part of his article he analyses the change of this system into the modem democracy which is distinguished by the legal certainty with the emphasize on the existence of the inalienable human rights and their constitutional guaranty. As key factor of the success of this process he considers the release of the Political Reform Act in the year 1976 which further led toward the acceptation of the democratic constitution in the year 1978.
At the end of his article then he deals with the brief analysis of the text of the constitution with the stress on the basic distinctions in the comparision with the "constitutionality of the Frankist regime".