The Legal Culture and Legal System in Post-Franco Spain

Abstract

ABSTRACT With the death of Francisco Franco in 1975, Spain went from a dictatorship to a democracy. What difference did such a change of government and ideology make to the criminal justice system in general and to the legal system in particular? This paper compares the Franco and post Franco periods to ascertain changes in the law, legal structure, and personnel. A new Constitution in 1978 promised to reshape the political and legal system. While much was accomplished, many constitutional principles were late in being operationalized by statute. One of the more obvious examples is the jury system which remains nonexistent over a decade after being accounted for in the Constitution. By and large the structure of the system and the training of its personnel has changed little. Recruitment of judicial personnel, however, has changed, particularly in judgeship where age, socioeconomic background and gender characteristics have become more dramatic variables. While Spain attempted to come of age in terms of c...