491:
367:) in which he harshly criticized the Francoist dictatorship and offered the Spanish people the possibility of restoring a monarchy whose character was poorly defined. In fact, he presented the constitutional monarchy as a moderate alternative to the regime, rejecting the Franco regime inspired by German and Italian totalitarian systems that had failed. He promised, in case of return to the monarchy, the approval of a new constitution, the recognition of human rights, the guarantee of public liberties, the establishment of a democratic legislative assembly, the recognition of the country's diversity, the amnesty of political prisoners and a fairer distribution of wealth.
324:
579:
429:
understanding that the hostility that surrounds the country in the world is born in large part from the presence of
General Franco as Head of State, what is now intended is purely and simply to convert this personal dictatorship into a lifelong one, to validate some titles, apparently precarious up to now, and to disguise with the glorious mantle of the Monarchy a regime of pure governmental arbitrariness, the need for which has long since ceased to exist.
33:
425:
essential concurrences, since neither the holder of the Crown intervenes nor can it be said that the body that, under the name of Cortes, is nothing more than a mere governmental creation, embodies the will of the Nation. The Law of
Succession that was born in such conditions would suffer from a substantial defect of nullity.
299:"At any time the Head of State may propose to the Cortes the person he considers to be called to succeed him, as a King or Regent, with the conditions required by this Law, and may, likewise, submit to the approval of the former the revocation of the one proposed, even if it had already been accepted by the Cortes"
456:
For the same reason that I have placed my supreme desire in being the King of all
Spaniards who wish in good faith to abide by a State of Law inspired by the essential principles of the life of the Nation and which binds both governors and governed, I have been and am willing to facilitate everything
440:
The hereditary monarchy is, by its very nature, a basic element of stability, thanks to the institutional permanence that triumphs over the expiration of persons, and thanks to the fixity and clarity of the principles of succession, which eliminate the reasons for discord, and make possible the clash
428:
The underlying issue raised by the project is just as serious, or even more so. Without taking into account the pressing need that Spain feels for stable institutions, without realizing that what the country wants is to get out as soon as possible of an increasingly dangerous interim period, without
424:
The principles that govern the succession of the Crown, and which are one of the basic elements of the legality on which the
Traditional Monarchy is based, cannot be modified without the joint action of the King and the Nation legitimately represented in the Cortes. What is now being done lacks both
622:
Juan Carlos I, skipping the natural succession order (which corresponded to his father
Infante Juan). Subsequent political reforms transformed the Francoist apparatus into a democratic system whose political form of government is the parliamentary monarchy, with a head of state that is subordinated
502:
From 18 July 1947, by virtue of the Law of
Succession, Franco would act as the Head of State of the newly proclaimed Kingdom of Spain, whose throne was vacant and thus would have to remain so at least until the occurrence of what was later called the "succession event", a euphemism for the death of
590:
Finally, on 22 July 1969, Franco designated Juan Carlos (skipping the natural order of succession that corresponded to his father
Infante Juan under the law of succession according to which it would be Franco who would name the monarch of the kingdom) as his successor to the Headship of the State,
416:
General Franco has publicly announced his intention to present to the so-called Cortes a draft Law of
Succession to the Head of State, by which Spain is constituted as a Kingdom, and a system is foreseen that is completely opposite to the Laws that have historically regulated the succession to the
444:
All these supreme advantages disappear in the succession project, which changes fixity into imprecision, which opens the door to all internal disputes, and which dispenses with hereditary continuity, to return, with a lamentable spirit of regression, to one of those imperfect formulas of elective
457:
that will allow for the normal and unconditional transfer of powers. What cannot be asked of me is that I give my consent to acts that imply the failure to fulfill the sacred duty of safeguarding rights that are not only the Crown's, but that form part of the spiritual heritage of the
Homeland.
626:
It would not be until 14 May 1977 when
Infante Juan officially renounced all his dynastic rights (which had been denied by the Law of Succession created by Franco) in favor of his son. The Law of Succession was repealed on 29 December 1978, more than a year and a half after the renouncement of
452:
Faced with this attempt, I have the inexcusable duty of making a public and solemn affirmation of the supreme principle of legitimacy that I embody, of the imprescriptible rights of sovereignty that the Providence of God has wanted to come together in my person, and that I cannot in conscience
481:
On 6 July 1947 a referendum was held on the Law, in which, according to the official results, the electorate was composed of 16,187,992 voters. Of them, 14,454,426 voted, of which 12,628,983 (89.86% of the voters) voted affirmatively and 643,501 negatively.
448:
The times are too serious for Spain to add a new constitutional fiction to those that today make up the set of provisions that are intended to be passed off as organic laws of the Nation, and which, furthermore, have never had any practical effect.
432:
Tomorrow History, today the Spanish people, would not forgive me if I remained silent in the face of the attack that is intended to be perpetrated against the very essence of the hereditary monarchical institution, which is, in the words of our
563:, due to an accident that occurred on 24 December 1961, during a hunt in the forests of El Pardo, Franco begun to consider the election of his succession. As report from the Greek royal court to the US ambassador in Greece indicates: "
420:
At such a critical time for the political stability of the country, I cannot help but address you, as the legitimate representative of your Monarchy, to express my attitude towards such a serious attempt.
297:
4. Establishing the prerogative of the Head of State to propose to the Cortes, at any time, the person who should be called to succeed him, as a King or Regent and its possible revocation. (Article 6:
377:, envoy of Francisco Franco and editor of the Law of Succession, informed Infante Juan that with the approval of the Law of Succession it would be Franco who would appoint the monarch of the kingdom
569:
it is in planning to present the question of the royal succession before the Cortes in February. He has not divulged whether he will recommend the Count of Barcelona or his son, Juan Carlos
871:
572:
607:
During the dictatorship, as the Prince of Spain, Juan Carlos acted briefly (from 19 July to 2 September 1974) as the Head of State due to the fragile health of Franco because of
623:
to the constitution and where its acts have to be endorsed (the King reigns but does not govern), and a parliament elected by the people with which the legislative power rests.
405:) in which he denounced the illegality of the Law of Succession, because it was proposed to alter the nature of the monarchy without consulting the heir to the throne.
476:
255:
254:
to the Cortes on 28 March 1947. It had a short elaboration process and was approved by the Cortes in its session of 7 June 1947 and submitted to a
905:
490:
890:
776:"La gran votación favorable a la Ley Sucesoria, facilmente percibida el domingo se cifraba anoche en un setenta y dos por ciento del censo"
251:
110:
323:
863:
742:
614:
Franco died on 20 November 1975, and Juan Carlos was proclaimed head of state and crowned as King of Spain on 22 November 1975 at the
556:, where he informed him that his education would be in charge of a group of professors with firm loyalty to the Movimiento Nacional.
752:
560:
272:"Spain, as a political unit, is a Catholic, social and representative State that, according to its tradition, is declared a Kingdom"
281:"The Head of State corresponds to the Leader of Spain and the Crusade, Generalissimo of the Armies, Don Francisco Franco Bahamonde"
341:
453:
abandon because they are born of many centuries of history, and are directly linked to the present and the future of our Spain.
920:
715:
229:
159:
59:
826:
812:
615:
307:
201:
142:
775:
660:
900:
578:
925:
553:
536:
460:
With blind faith in the great destinies of our beloved Spain, you know that you can always count on your King.
236:
595:". He was proclaimed as Franco's successor by the Cortes on the same day, when Juan Carlos took an oath of "
240:
221:
349:
910:
608:
402:
895:
345:
217:
130:
279:
2. Converting the position of Head of State in a position for life in the person of Franco (Article 2:
314:, whose repeal demanded the agreement of the Cortes and the confirmation by a referendum (Article 10).
915:
688:
289:
170:
384:
374:
354:
244:
71:
40:
311:
370:
It is for this reason that Franco hesitated to designate Infante Juan as a possible successor.
748:
213:
852:
843:
508:
225:
193:
155:
597:
fidelity to the principles of the National Movement and other Fundamental Laws of the Realm
796:
592:
543:
205:
55:
662:
El referéndum de 1947. Antecedentes del Referéndum de la Ley de reforma Política de 1976
445:
leadership, in which the people tragically debated at the dawn of their political life.
535:
would change his residence and complete his education in Spain, along with his brother
235:. It provided that his successor would be proposed by Franco himself with the title of
547:
could inform freely and that the restrictions of monarchist activities would be lifted
884:
524:
520:
506:
On 25 August 1948, Franco arranged a meeting with Infante Juan, on his holiday yacht
719:
434:
32:
619:
364:
232:
162:
513:
693:
552:
On 9 November 1948 Juan Carlos was received by Franco at his residence in the
360:
270:
1. Constituting Spain as the Kingdom and as a Catholic state (Article 1:
398:
648:(in Spanish) (II ed.). Esplugues de Llobregat: Ariel. p. 35.
397:
On 7 April 1947, Infante Juan published the Manifesto of Estoril (in
180:
437:, one of the greatest and happiest conquests of political science.
577:
532:
489:
322:
209:
50:
668:(in Spanish). Revista de estudios albacetenses. pp. 179–204
528:
306:
5. Defining and enumerating for the first time the body of the
571:"; conforming to what was indicated by the Spanish ambassador
373:
On 31 March 1947, the then undersecretary of the Presidency
523:. There they agreed that Infante Juan's ten-year-old son,
243:
of the Kingdom, but that would have to be approved by the
212:. It established provisions for the restoration of the
387:, which is Catholic, anti-communist and anti-liberal"
409:
First Manifest of Estoril of Don Juan, 7 April 1947
169:
148:
136:
124:
116:
106:
101:
93:
85:
77:
67:
46:
39:
21:
165:, and gave him the right to name his own successor
864:Ley de Sucesión en la Jefatura del Estado de 1947
844:Ley de Sucesión en la Jefatura del Estado de 1947
559:As revealed by the documents declassified by the
348:and legitimate heir to the throne) published the
266:The fundamental and key objects of the Law were:
407:
827:"Sinopsis artículo 56 - Constitución Española"
190:Law of Succession to the Headship of the State
22:Law of Succession to the Headship of the State
813:"Sinopsis artículo 1 - Constitución Española"
381:. He also told Infante Juan that he could be
8:
778:(in Spanish). ABC. 8 July 1947. p. 15
689:"Don Juan, el heredero que no pudo reinar"
31:
477:1947 Spanish law of succession referendum
198:Ley de Sucesión en la Jefatura del Estado
25:Ley de Sucesión en la Jefatura del Estado
659:Izquierdo Collado, Juan de Dios (1984).
646:Introducción al régimen político español
636:
687:Moradiellos, Enrique (31 March 2013).
18:
258:, coming into force on 27 July 1947.
250:The draft of the Law was sent by the
171:Text of statute as originally enacted
7:
383:"King of Spain, but of Spain of the
872:Extracto del Manifiesto de Lausana
741:Preston, Paul (15 November 2012).
14:
853:Corrección de errata en dicha ley
799:Boletín Oficial del Estado (BOE)
561:United States Department of State
379:"when he considers it convenient"
744:Juan Carlos. El rey de un pueblo
582:Juan Carlos as Prince of Spain (
342:Infante Juan, Count of Barcelona
541:that the monarchist newspaper
1:
906:Government of Francoist Spain
310:that became a substitute for
308:Fundamental Laws of the Realm
204:organizing the powers of the
202:Fundamental Laws of the Realm
200:) was the fifth of the eight
143:Fundamental Laws of the Realm
565:following a hunting accident
319:The position of Infante Juan
891:Politics of Francoist Spain
441:of appetites and factions.
16:1947 law of Francoist Spain
942:
474:
644:Solé Tura, Jordi (1972).
336:The Manifesto of Lausanne
256:referendum on 6 July 1947
176:
153:
141:
129:
30:
567:" we are informed that "
554:Royal Palace of El Pardo
539:, under the promise of "
393:The Manifesto of Estoril
224:in 1931), and appointed
527:, born and residing in
222:Second Spanish Republic
921:Legal history of Spain
587:
499:
468:
466:Estoril, April 7, 1947
332:
230:Head of State of Spain
197:
160:Head of State of Spain
616:Palacio de las Cortes
581:
493:
350:Manifesto of Lausanne
326:
252:Franco III Government
131:Constitution of Spain
111:Franco III Government
290:Council of the Realm
609:Parkinson's disease
591:with the title of "
385:Movimiento Nacional
375:Luis Carrero Blanco
137:Related legislation
102:Legislative history
588:
500:
494:Francisco Franco (
340:On 19 March 1945,
333:
312:rigid constitution
47:Territorial extent
901:Monarchy of Spain
344:(son of the King
186:
185:
933:
877:
868:
858:
849:
831:
830:
823:
817:
816:
809:
803:
802:
794:
788:
787:
785:
783:
772:
766:
765:
763:
761:
738:
732:
731:
729:
727:
722:on 26 March 2014
718:. Archived from
712:
706:
705:
703:
701:
684:
678:
677:
675:
673:
667:
656:
650:
649:
641:
584:pictured in 1971
517:
496:pictured in 1964
358:
329:pictured in 1946
288:3. Creating the
245:Cortes Españolas
226:Francisco Franco
214:Spanish monarchy
206:Francoist regime
156:Francisco Franco
97:29 December 1978
72:Cortes Españolas
63:
56:Francoist regime
41:Cortes Españolas
35:
19:
941:
940:
936:
935:
934:
932:
931:
930:
926:Succession acts
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880:
875:
866:
856:
847:
840:
835:
834:
825:
824:
820:
811:
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806:
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795:
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697:
686:
685:
681:
671:
669:
665:
658:
657:
653:
643:
642:
638:
633:
605:
593:Prince of Spain
511:
488:
479:
473:
415:
395:
352:
338:
321:
264:
68:Enacted by
53:
23:
17:
12:
11:
5:
939:
937:
929:
928:
923:
918:
913:
908:
903:
898:
893:
883:
882:
879:
878:
869:
861:
860:
859:
839:
838:External links
836:
833:
832:
818:
804:
789:
767:
753:
747:(in Spanish).
733:
707:
679:
651:
635:
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629:
627:Infante Juan.
604:
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503:the dictator.
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521:Bay of Biscay
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896:Law of Spain
876:(in Spanish)
867:(in Spanish)
857:(in Spanish)
848:(in Spanish)
821:
807:
801:(in Spanish)
792:
780:. Retrieved
770:
758:. Retrieved
743:
736:
724:. Retrieved
720:the original
710:
698:. Retrieved
692:
682:
670:. Retrieved
661:
654:
645:
639:
625:
613:
606:
596:
589:
583:
573:Luca de Tena
568:
564:
558:
551:
546:
540:
507:
505:
501:
495:
486:Consequences
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346:Alfonso XIII
339:
328:
298:
292:(Article 4).
280:
271:
265:
249:
189:
187:
177:
89:27 July 1947
24:
916:1947 in law
797:Ley 62/1969
620:regnal name
618:, with the
525:Juan Carlos
512: [
412:Spaniards:
365:Switzerland
353: [
125:Repealed by
81:7 June 1947
885:Categories
782:20 January
760:20 January
726:20 January
716:"Don Juan"
700:20 January
672:20 January
631:References
471:Referendum
154:Appointed
117:Introduced
60:transition
603:Aftermath
519:, in the
218:abolished
86:Commenced
403:Portugal
361:Lausanne
233:for life
181:Repealed
163:for life
94:Repealed
694:El País
537:Alfonso
509:El Azor
417:Crown.
399:Estoril
228:as the
220:by the
194:Spanish
178:Status:
158:as the
149:Summary
78:Enacted
874:(pdf)
855:(pdf)
846:(pdf)
751:
435:Balmes
241:Regent
666:(PDF)
533:Italy
516:]
463:JUAN
357:]
210:Spain
51:Spain
784:2019
762:2019
749:ISBN
728:2019
702:2019
674:2019
529:Rome
359:(in
237:King
188:The
58:and
599:".
549:".
544:ABC
239:or
208:in
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192:(
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