The following is an excerpt of the Courts Act 1942. This is one of the fundamental laws of the regime, and becomes one of the elements of a theoretical part dogmatic the Franco Constitution.
DOCUMENT 8: ARTICLES OF THE LAW COURTS 1942.
Art 1 Courts are the highest organ of the English people to participate in the work of the State. It's primary mission of the courts the elaboration and adoption of laws, subject to the punishment for the Head of State.
Art 2 I. Courts are composed of attorneys included in paragraphs following:
a) Members of the Government. [...]
d) One hundred and fifty representatives of the trade union organization.
e) A representative of the Municipalities of each province, elected by the municipalities among its members, and one each of the municipalities of more than three hundred thousand inhabitants of Ceuta and Melilla, elected by the respective municipalities among its members, a representative from each Provincial Government and the Canary Isles Commonwealth, elected by the respective corporations among its members and representatives of local corporations of territories not incorporated in provinces, elected in the same way.
f) Two representatives of the family for each province, elected by those appearing on the electoral roll of heads of households and married women, in the manner established by law [...]
j) Those who by their hierarchy, military or administrative, or their relevant services to the country, appointed by the Head of State, heard the Privy Council, to a number not exceeding twenty-five. ;
II. All attorneys in representing the English Village Courts should serve the nation and the common good and not be bound by any imperative mandate. [...]
Art 10 know Courts, Full Court of the acts and laws aimed at any of the following components: a) ordinary and extraordinary budgets of the state. b) Large operations and financial character. [...] M) Any other laws that the Government itself or proposal relevant Commission decides to refer the House of the Parliament. Likewise, the Government may refer matters to the House or agreements are not held as law [...]
Art 16 The President of the Courts shall submit to the Head of State, for sanction, the laws passed by them, [...]
Art 17 The Head of State, by a message driven and with the assent of the Privy Council, may return the law to Parliament for further deliberation. [...]
This law therefore creates a very interesting institution: the courts. They would not be formed by direct representatives of citizens, if we except the attorneys for the third family, but a kind of representatives of the nation, who are elected according to the manner in which sovereignty is shared. Therefore, the dictator who, in a more direct (and prerogative of prosecutors ) or indirectly (the representatives of professional associations, municipalities ...) influences their appointment. In addition, as specified in Article 16, the Head of State has the right veto.
The result of the creation of this institution is clear: based on the example of the proposed draft constitution 1929, the regime create an institution that serves makeup or refine an authoritarian system, but does not implement a true democracy. Yes for Franco, who argue that the regime is a democracy in the English a organic democracy in which citizens express their sovereignty through the natural channels the true state.
As a result, no one can speak of a totalitarian regime, but, conceptually, the sovereignty resides with the dictator, it would be a very similar, for example, that of Trujillo.
0 comments:
Post a Comment