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Legal Culture and Legal System in Post-Franco Spain

NCJ Number
127431
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 14 Issue: 1-2 Dated: (Spring/Winter 1990) Pages: 211-223
Author(s)
F Morn; M Toro
Date Published
1990
Length
13 pages
Annotation
This paper examines changes in the legal system in Spain affected by the death of Franco and a transition from a dictatorship to a democracy. It focuses on law, legal structure, and personnel issues in a comparison of the Franco and post-Franco era.
Abstract
The transference of government did not impact on the structural and ideological features of the Spanish courts. Although much was accomplished, many principles of the new Constitution of 1978 were slow in forthcoming. In particular, the jury system is nonexistent a decade after the new Constitution. The training of personnel has changed little. On the other hand, the system was brought closer to democratic principles regarding occupational exclusion. Recruitment of judicial personnel, particularly judges, includes age, gender, and socioeconomic variables. The alterations in economics and politics in Spain were accompanied by an increase in crime. This has led to greater criticism of the legal system than existed during the Franco period. 2 notes and 11 references (Author abstract modified)

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