Torcuato Fernández-Miranda
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doi:10.5477/cis/reis.154.3 “Keeping up Appearances”: Torcuato Fernández-Miranda, “Heresthetics” and the Spanish Law for Political Reform «Vestir el muñeco»: Torcuato Fernández-Miranda, la «herestética» y la Ley para la Reforma Política Georgina Blakeley Key words Abstract Political Elites This article attempts to explain an unexpected political outcome: Why, • Francoism when it would result in their own political demise, did an overwhelming • Heresthetics majority in the Francoist parliament vote in favour of the Law for Political • Legislative Power Reform in 1976? Based on the concept of heresthetics, this article • Decision Making analyses the strategic manoeuvres of Torcuato Fernández-Miranda, the • Democratic Transition president of the Francoist Cortes, which led to the passage of the Law. A thematic analysis of the three days of debate over the Law in the Cortes shows the way in the which the discussion was raised and the dimensionality of the Law determined, and reveals signifi cant “heresthetic” maneuvering in a situation of transition in which the need to maintain appearances was of vital importance. Palabras clave Resumen Élites políticas Este artículo trata de explicar un desenlace político inesperado: ¿por • Franquismo qué una inmensa mayoría de procuradores franquistas votó a favor de • Herestética la Ley para la Reforma Política, la cual suponía su propia muerte • Poder legislativo política? A partir del concepto de «herestética», el artículo analiza las • Toma de decisiones maniobras estratégicas llevadas a cabo por Torcuato Fernández- • Transición Miranda, el presidente de las Cortes franquistas, que garantizaron que democrática la Ley se aprobase. Un análisis temático de los tres días de discusión de la Ley en el pleno de las Cortes revela la importancia de la manera en la que se planteó y se determinó la dimensionalidad de esta Ley, lo que debe considerarse como una signifi cante maniobra «herestética» en una situación de transición en la que la necesidad de mantener las apariencias, es decir, de «vestir el muñeco», era de vital importancia. Citation Blakeley, Georgina (2016). “‘Keeping up Appearances’: Torcuato Fernández-Miranda, ‘Heresthetics’ and the Spanish Law for Political Reform”. Revista Española de Investigaciones Sociológicas, 154: 3-20. (http://dx.doi.org/10.5477/cis/reis.154.3) Georgina Blakeley: The Open University | [email protected] Reis. Rev.Esp.Investig.Sociol. ISSN-L: 0210-5233. Nº 154, April - June 2016, pp. 3-20 4 “Keeping up Appearances”: Torcuato Fernández-Miranda, “Heresthetics” and the Spanish Law for Political Reform INTRODUCTION1 THE LAW FOR POLITICAL REFORM AND THE SPANISH TRANSITION TO The Law for Political Reform (LPR) was DEMOCRACY passed by the Cortes (Francoist parliament) on the 18th November 1976 and was subse- The LPR was the fi rst crucial step in Spain’s quently approved by 94 per cent of the vote legal transformation from within. Reform in a popular referendum on the 15th Decem- from above, on the initiative of the outgoing ber 1976 (Preston, 1986:104). In passing the Francoist elites, was facilitated by the com- LPR, the Francoist parliament voted them- plex institutional and legal framework of the selves and other key Francoist institutions Francoist regime which had been built up out of existence. Moreover, not only did the over its thirty-six year period in power. To the Francoist deputies vote for their own political surprise of many, not least the anti-Francoist demise, they did so by an overwhelming ma- opposition, the regime’s institutional and le- jority. Of the 497 deputies present, 425 voted gal framework was used to facilitate rather in favour, 59 voted against and 13 abstained. than to obstruct democratic reform. Having voted themselves out of existence, Although the Francoist regime did not the deputies then led an exceptional, self- have a constitution, it had a well-developed congratulatory standing ovation. legal framework which rested upon a series This article seeks to explain this unex- of Fundamental Laws. The fi rst of these Fun- pected political outcome drawing on heres- damental Laws, issued during the Civil War, thetics2 to do so. It proceeds as follows. The was the 1938 Labour Charter, which regu- next section explains the signifi cance of the lated labour relations. In 1942, the Creation LPR and its place within Spain’s democrati- of Parliament Act was passed followed by sation process. The second section sets out the 1945 Spaniards’ Charter and the 1947 how this article complements the various ex- Act of Succession. Finally, there were the isting explanations of the Francoists’ collec- 1958 Principles of the National Movement tive political suicide. The article then turns to Act and the 1967 Organic Law of the State. heresthetics and its relevance to analysing These Fundamental Laws amounted to little the LPR. This involves fi rst, examining Tor- more than window-dressing while Franco cuato Fernández-Miranda as a herestheti- was still alive, but once Franco was dead cian and second, analysing the three-days of they provided a legal foundation upon which plenary debate prior to the Law’s approval. the Francoist institutions continued to de- This analysis reveals the importance of fram- pend for their legitimacy and ultimately their ing and the fi xing of dimensionality as key survival. heresthetical manoeuvres within a transition Crucially, the LPR was conceived and pre- situation where appearances and the need to sented as the perfection of the existing Fun- keep up appearances are of the utmost im- damental Laws rather than their abrogation. portance. This framing meant it would be easier for Francoist deputies to accept the Law as the perfection and logical outcome of Francoism 1 This research was funded by a small research grant rather than its negation, as will be explored (SG112202) from the British Academy. later in the analysis of the three-day parlia- I would like to thank the two anonymous reviewers mentary debate. Appearances mattered: few whose suggestions greatly improved this article. Any remaining defi ciencies are, of course, my responsibility. deputies were ready or willing to renege on their oath to uphold Francoist principles and 2 Heresthetics is a political concept invented by the American political scientist, William Riker, and refers to thus wanted to believe that any reform carried the art of political manipulation. out was in accordance with this legacy. In- Reis. Rev.Esp.Investig.Sociol. ISSN-L: 0210-5233. Nº 154, April - June 2016, pp. 3-20 Georgina Blakeley 5 deed, Paloma Aguilar (2002:174) writes that tablish a full democracy because it did not “It was of utmost importance to maintain the intend to, but it did open the door for the fi ction of Francoist legality right up until the people to state their preferences. Hence the passing of the Constitution in order not to pro- title of the Law was no casual coincidence: it voke greater opposition on the part of the far- was deliberately named the Law for Political Right and the Army.” Reform not the Law of Political Reform. The 1947 Law of Succession held the key This tightly defi ned conception of the Law to reform from within. Article ten of this Law was fundamental to the way in which it was stipulated that the Fundamental Laws could framed and presented to the Francoist Par- be reformed provided that the Parliament ap- liament. For Fernández-Miranda, the LPR proved by an absolute majority the bill being represented “the instrument of change” not proposed and that the Spanish population change itself (Fernández-Miranda, 1995:259). subsequently endorsed the proposed law in This was the whole idea behind Fernández- a referendum. With this provision enshrined Miranda’s vision of reform from above and within a Francoist Fundamental Law, the po- his framing of the LPR. The aim was to use tential was there to reform the regime from one procedural rule (Article ten of the Suc- within. Moreover, the Fundamental Laws had cession Law) to establish a new procedural been previously modifi ed and perfected on rule (the LPR) which would pave the way for several occasions under Franco which meant the people to decide more substantive issues that the precedent of transforming the Laws in democratic elections. in order to improve them had already been Much of the Law’s content was, as Agui- set. The LPR, drafted originally by Torcuato lar (2002), rightly points out, a reaction to the Fernández-Miranda and proposed to the perceived failures of the Second Republic. Parliament by the Head of the Government, The fi rst article established the principle of Adolfo Suárez, became the eighth Funda- popular sovereignty, the rule of law and the mental Law even though its content effec- fundamental rights of the individual. It also tively made the previous seven Fundamental established that legislative power was to re- Laws redundant. side in the Parliament while the King would sanction legislation. The second article de- In its fi nal version approved by the Fran- tailed the two-chamber composition of the coist parliament on the 18th November, the parliament and their method of selection and LPR consisted of fi ve articles, two temporary length of term. Clause six of the second ar- clauses and one fi nal provision. It was char- ticle stated that the President of the Cortes acterised by its brevity and lucidity and, in the and the Council of the Realm would be nom- words of Martín Villa, the original draft bill, inated by the King. Article three set out the though it was then subsequently modifi ed, criteria for constitutional reform, the initiative “was without doubt the work of the president for which was granted to the Government of the Parliament, Torcuato Fernández-Miran- and the Congress of Deputies.