sábado, 30 de noviembre de 2013

Tenth Lesson. From Liberal State to Dictatorship: Spain between 1923 and 1975


10.1. TIMELINE

1922,  22-29 October: March on Rome

1923                          

21 July. The Italian Chamber of Deputies approves a new election law ("Acerbo Law") 223 to 123.
13 September. Dictatorship of Primo de Rivera (until 1930)
8-9 November. Failure of the Beer Hall Putsch. Hitler is incarcerated.1923  

1924               

21 January. Death of Lenin. Kamenev and Zinoviev take control of the Party, with Trotsky (on their left) ("Permanent revolution") and Bukharin on their right.
10 June. Socialist deputy Giacomo Matteotti, a harsh critic of Mussolini's government, is kidnapped by fascist militia. His body is found on 16 August.

1929    

February. Stalin expels Trotsky from the Soviet Union.
24 - 29 (Thursday - Tuesday) of October. The New York Stock Exchange (Wall Street) collapses. Great Depression

1930  8 January     Primo de Rivera resigns.

1931   

14 April. Proclamation of the Second Spanish Republic. The same day the king Alfonso XIII leaves Spain.
28 June  General elections in Spain
9 December  Approval of the II Spanish Republic´s Constitution

1932    8 November. Franklin Delano Roosevelt is elected President of the United States, with 57.4% of the vote and winning 42 States; Herbert Hoover takes 39.7% of the vote and wins 6 States. (New Deal)

1933   

30 January. Hitler is appointed Chancellor. (NSDAP: 33% of the votes).
23 March Enabling Act (Ermächtigungsgesetz). Hitler imposes dictatorship.
19 November   Second elections in Republican Spain. Women vote for the first time. Right Parties wing wins.

1934 

June 30 to July 2: the Night of the Long Knives. Hitler kills leading figures of the Nazi Party.
October  Asturias Revolution. Socialist revolution in Spain, against right wing Government.

1936
   
16 February     Third elections in Republican Spain. Left wing parties (Popular Front) win.
25 August  Execution of Zinoviev. Beginning of Stalin’s Great Purge. Until 1939 more than one million Russians (mostly revolutionaries of 1917) are executed by political reasons.
18 July. Military revolt in Spain against the Republic. Beginning of the Spanish Civil War.

1938
           
9 march Franco approves the Labour Charter (Fuero de los españoles). The first of its Fundamental Laws of the Realm
12 March. Incorporation of Austria into the Third Reich (Anschluss).
September 30. The Munich Agreement. Chamberlain and Daladier give in to Hitler on the question of the Sudetenland.

1939
 
1 April. End of the Spanish Civil War, with the absolute victory of General Francisco Franco.
23 August. Ribbentrop and Molotov sign the Non-aggression Pact between           theThird Reich and the Soviet Union.
1 September. Germany invades Poland. Second World War begins.
7 September. Stalin invades Poland.

1940 
           
April - May. Katyn Massacre (Poland).  Soviet troops gun down 22,000 Polish soldiers in cold blood.
21 August. Leon Trotsky is assassinated in Coyoacán (Mexico) by Catalonian Ramón Mercader, at Stalin's behest.

1941     22 June. The Germans invade Russia (Operation Barbarossa).

1942

20 January. Wannsee Conference, at which the implementation of Jewish extermination, the "Final Solution" (Endlösung), is decided.
17 July Franco approves the Law Constituting the Cortes (Ley constitutiva de Cortes). Second of the Fundamental Laws of the Realm

1943    

31 January. Von Paulus surrenders at Stalingrad.
24 July. Mussolini is dismissed by the Grand Council of Fascism and replaced by Marshal Pietro Badoglio.

1944     6 June. Landing of the Allies at Normandy.

1945                          

12 April. F.D. Roosevelt dies and is replaced in office by Harry S. Truman.
28 April. Mussolini is shot, along with Claretta Petacci.
30 April. Hitler commits suicide in his Berlin bunker.
7 May. Unconditional surrender of Germany.
17 July  Franco approves the Charter of the Spanish (Fuero de los españoles). Third of the  Fundamental Laws of the Realm
2 September. Ho Chi Minh founds the Democratic Republic of Vietnam.
22 October Franco approves the National Referendum Law (Ley del Referendum Nacional). Fourth of the Fundamental Laws of the Realm       

1946               

5 March. Churchill coins the term "Iron Curtain" to refer to the separation between the Europe of Soviet influence and Western Europe.
2 June. In a referendum 54% of Italians vote against the monarchy. Proclamation of the Italian Republic (Constituted on 22 December, 1947).
December   The United Nations recommend retiring Ambassadors from Francoist Spain. 

1947               

5 June. George Marshall's speech at Harvard University.                 
Launch of the European Recovery Program (ERP), better known as the Marshall Plan.
26 July  Franco approves the Law of Succession (Ley de Sucesión en la Jefatura del Estado). Fifth of the Fundamental Laws of the Realm       
1948    25 June. Initiation of the Berlin Airlift (Luftbrücke) to rescue western Berlin from the blockade imposed by Stalin.

1949

4 April. Signing in Washington of the North Atlantic Treaty Organization (NATO) agreement, forming a western alliance against Soviet expansionism.
23 May. Enactment of the Basic Law for the Federal Republic of Germany. The Federal Republic of Germany is born.
1 October. Mao Tse Tung proclaims the People's Republic of China at the Gate of Tiananmen Square (Forbidden City).
10 December. Final military victory of Mao over nationalist forces. Chiang Kai-Shek takes refuge in Taiwan.

1950                          

25 June. Start of the Korean War (Until 1953).
October. China invades Tibet.

1953   

5 March. Stalin dies. His legacy: 10 million dead Russians (4 million killed in political purges, 10 million dead from starvation).
17 July. End of the Korean War. Division between North Korea and South Korea (demilitarized zone). 4 km wide and 238 long.

1954     7 May. A French army surrenders at Dien Bien Phu. Ho Chi Minh is proclaimed President of the Democratic Republic of Vietnam.

1956 

February. 20th Congress of the CPSU (Russian Communist Party). Condemnation of Stalinism (Nikita Khrushchev). 23 October –
10 November. The Hungarian Revolution against the Soviet Union is brutally put down by Soviet tanks.


1958  17 May    Franco approves the Law of the Principles of the National Movement (Ley de Principios del Movimiento Nacional). Sixth of the Fundamental Laws of the Realm.
           
1959     1 January. Triumph of the Cuban Revolution. (Flight of Fulgencio Batista. Fidel Castro seizes power).

1961    

15-19 April. Anti-Castro invasion of Cuba ends in disaster at the Bay of Pigs.
13 August. Building of the Berlin Wall (Berliner Mauer), which would stand until November 9, 1989.

1962   October. The Cuban Missile Crisis. President Kennedy is on the verge of declaring war on the Soviet Union (under Khrushchev).

1963      22 November. President John F. Kennedy is assassinated in Dallas.

1964      2 August. The Gulf of Tonkin Incident. An American warship is purportedly attacked by a North Vietnamese patrol boat.

1965     6 February. President Johnson orders the bombing of North Vietnam. The Vietnam War begins.

1966     8 August. Mao launches the "Cultural Revolution," which seeks to eradicate traditional Chinese culture.  For 10 years the Revolution implements a series of radical policies.

1967               

10 January       Franco approves the Organic Law of the State (Ley Orgánica del Estado). Seventh of the Fundamental Laws of the Realm.

9 October.  Revolutionary leader Che Guevara is executed in La Higuera (Bolivia)                                 by order of Bolivian President Barrientos.

1968               

5 January - 20 August. Stage of political liberalization in Czechoslovakia (Prague Spring) with Alexander Dubcek emerging as a leader.  The invasion of Warsaw Pact troops puts down this attempt at reform.
May. A state of emergency is declared in France in response to student and worker protests (May 1968).

1973               

27 January. Signing of the Peace of Paris between United States and North Vietnam.
29 March. The last U.S. soldiers leave Vietnam.
16 October. The Nobel Peace Prize goes to Henry Kissinger.


1974   8 August  President Nixon resigns (Watergate Scandal)

1975                 

17 April. The Khmer Rouge conquer Phnom Penh. Pol Pot (Saloth Sar) perpetrates genocide against all non-revolutionaries. 2 million Cambodians are killed.
30 April. North Vietnamese troops occupy Saigon.
 20 November. Francisco Franco dies in Madrid. 39 years, day by day, after the execution of José Antonio Primo de Rivera.


10.2 SOME WORDS

Proletariat
Communista Manifesto
Social Democracy
Bolshevism
Kommintern
Spartacist Uprising
March on Rome
Fascism
Acerbo Law
Giacomo Matteoti
Beer Hall Putsch (Munich, 1923)
National socialism
Enabling Act (Ermächtigungsgesetz)
Great Depression
New Deal (F. D. Roosevelt)
Welfare State
Night of Long Knives
Stalin’s Great Purge (Moscow Trials)
Anschluss
Munich Agreement
Endlösung
Marshall Plan
North Atlantic Treaty Organisation
Korean War
Bay of Pigs
Berlin Wall
Cultural Revolution
Prague Spring
Watergate Scandal
Disaster of Annual (1921)
Patriotic Union (Primo de Rivera)
Asturias Revolution (1934)
Frente Popular
Falange
Junta de Defensa Nacional
National Movement (Franco)
Fundamental Laws of the Realm (Francoist regime)
Partitocracy



10.3 SOME QUESTIONS

1. Explain briefly what is the “Social question” and why it started.

2. What was the constitutional consequence of the Social question as far as political institutions were concerned?

3.  What did Marx and Engels propose for solving the social question?

4. Is Social Democracy a revolutionary movement? Explain why or why not

5. Why the Soviet revolution was “International” and why fascism and Nazism were “national”? Think in terms of solving the social question

6. Name in chronological order the principle phases of Spanish Constitutional history between 1923 and 1939.

7.  What was the aim of the Marshall Plan?

8. Why Communists dictatorship’s were considered politically correct by European intellectual elites during the XXth century?

9. The totalitarian phase in XXth century European constitutional history has left any trace in our actual democratic regimes?

10. What is the Social Rule of Law model State? Why and where did it start?

11. What provoked in Spain the Primo de Rivera’s dictatorship?

12. What were the aims of Primo de Rivera? Think in economical, social and political terms.

13. Why did the Primo de Rivera’s dictatorship ended?

14. How did the Second Spanish Republic was proclaimed, and why it ended with a Civil War?


10.4 TEXTS

10.4.1 The appearance of the "proletariat" and the origins of the “social question”

 “If after 1850 one can speak of the triumph of "Big Capitalism" it is because Europe enjoyed exponential economic growth. This dramatic expansion of production and trade volumes was, to a great extent, a result of the historic changes brought about by scientific progress and, more specifically, the appearance of new technical developments and inventions that radically altered the conditions of everyday life for Europeans. At the same time society experienced spectacular demographic growth due to higher standards of living and advances in nutrition, health, hygiene and medical science. As a result, Europe shifted from a focus on the individual to a “mass culture.” This radical transformation of Europe's social structure led, in turn, to major alterations to the constitutional system.

Just when the middle class had managed to penetrate the body politic, however, the social order was once again shaken up and blurred as a consequence of the momentous economic transformations spawned by Big Capitalism. Beneath the middle class arose a new European social strata: the proletariat (from the Latin proles, meaning "offspring"), so called because its members had no assets but their own children. The proletariat was also referred to as “the fourth estate” to differentiate it from the former tripartite estate system under the Ancien Régime: the two privileged classes (clergy and nobility) and the Third Estate, made up of the common people. From the point of view of constitutional history the proletariat burst onto the political scene in the mid-19th century, aiming to achieve the political influence necessary to alter a constitutional system in Europe which had relegated workers to a life of misery. This is what came to be known as "the social question."

10.4.2 From censitary to universal suffrage: the Communist Manifesto and the first mass parties (1848-1905)

Between 1814 and 1914 Europe abandoned absolutism as a state model, replacing it with a liberal model in which power was limited and controlled by a new oligarchy made up of the old nobility and members of the high bourgeoisie.

In the mid 19th century the European nation-states' swelling wealth allowed the middle class to achieve a degree of political influence as it was incorporated into the electoral base when censitary and indirect suffrage was abandoned, giving way to universal (male) suffrage. In the United States the transition to universal suffrage was a consequence of the incorporation of new, non-slave states into the union populated by many small property owners, a process that would be consolidated after the end of the Civil War in 1865. In Europe the expansion of suffrage came about progressively: in England between 1832 and 1918; in France it was introduced abruptly in 1848, though it would be consolidated after 1875; in Prussia, in 1850, at least formally; and in Spain, first between 1868 and 1875, and then on a permanent basis after 1890. These were clear signs that European politics was undergoing a historic shift.

Universal suffrage, despite being initially limited to men, swung open the doors to masses of workers who had become "class conscious" in the wake of the publication, on 21 February, 1848, of Karl Marx (1818-1883) and Friedrich Engels' (1820-1895) Communist Manifesto (Manifest der Kommunistischen Partei) a powerful proclamation of communist principles, which ended in the following manner:

"The Communists disdain to conceal their views and intentions. They openly declare that their ends can only be attained by the forcible overthrow of all existing social conditions. Let the ruling classes tremble at the prospect of a Communist revolution. The proletariat has nothing to lose but its chains. They have a world to win. Working men of all countries, unite!"

Henceforth the Socialist movement's aim became to control the liberal state by legal means and to acquire power through the corresponding electoral processes (Social Democracy). In fact, it was at this time when the first mass parties were founded: the German Socialist Workers' Party (1875), the Spanish Socialist Workers' Party (1879), the Italian Socialist Party (1892), the English Labour Party (1900), the Russian Socialist-Revolutionary Party (1901), and the French Section of the Workers' International (SFIO), created in 1905, the forerunner of the current French Socialist Party.


10.4.3 International proletarianism vs. the capitalism of the liberal nation-states

“The triumph of the Soviet Revolution and the establishment of a communist dictatorship in Russia utterly contravened the liberal model of the nation-state, based on government's non-intervention in bourgeois society (laissez faire) and, in fact, overturned the very principle of the nation-state itself.

When Lenin signed the Treaty of Brest-Litovsk with Germany (March 3, 1918), according to which the new Soviet Russia suffered important territorial losses, he did so because he considered the war a struggle between capitalists, and in this he was not  mistaken. The leader of the Soviet Russia held, this time in line with the purest Marxist orthodoxy, that German workers would not fight against their Russian comrades, but against German oligarchies that had enslaved them. Thus, in opposition to the nation-state arose the model of the totalitarian state, but with a view to international domination.

The Germans perceived too late the danger posed by the triumph of the Soviet Revolution and, as a result, ended up seeking the armistice to end World War I, signed on 11 November, 1918. A few months later the Third International, or Kommintern (of International Communism) met, its precise objective to extend the proletarian revolution throughout the world. In fact, in the year 1919 a wave of revolutionary processes swept through Europe. There was unrest in recently-defeated Germany, where in January of 1919 the Spartacist Uprising (January Strike) broke out, headed by Karl Liebknechtand and Rosa Luxemburg (December 1918 – January 1919), violently put down by the government of the Weimar Republic under the leadership of the socialist Friedrich Ebert. 

After Lenin's death in 1924 Stalin, from his post as General Secretary of the Communist Party, managed to gain power by killing off all the revolutionaries from the first stage (Kamenev, Zinoviev and Trotsky) through a set of kangaroo courts known as the "Moscow Trials" (1936-1939). Before his death (1953) Stalin went on to impose an iron dictatorship over a monolithic State, based on relentless police repression and terror. In fact, Stalin's purges and totalitarianism would be condemned even by the Communist Party at its 20th Congress (1956), led by Nikita Khrushchev”. 

10.4.4 The states of Europe react by defending "national socialism."

The Soviet Revolution was a real blow to the ruling classes of the western states, which did not hesitate to support the formation of parties appealing to the masses of workers with platforms of aggressive social reform in a desperate attempt to prevent the triumph of Bolshevism.

This trend in Italy would lead to the rise of Benito Mussolini (1922-1943) and, in Germany, Adolf Hitler (1933-1945), populist leaders who ended up imposing two dictatorships which actually advanced policies of labor and economic reform. After coming to power in 1922 by way of a coup d'état (The March on Rome), Mussolini strengthened the executive, reorganized government administration and created public bodies to boost the economy through massive investment in public works and industrial consortia. As a result, Italy overcame its economic crisis and enjoyed an era of great prosperity.

In Germany Hitler, after failing to pull off his own coup (Beer Hall Putsch, Munich, 1923) rose to power ten years later via election in 1933, and quickly imposed a fierce dictatorship. In the economic arena Hitler, like Mussolini, also launched a policy of state economic intervention which alleviated the massive inflationary crisis which had consumed the country.

Both Mussolini and Hitler embraced a state model according to which the government actively intervened in the economy and adopted the measures necessary to prevent social injustice, but on a strictly "national" scale, soundly rejecting the kind of "international socialism/communism" forwarded by Lenin. It is highly significant that the party with which Hitler came to power was called the National Socialist German Workers Party (Nationalsozialistische Deutsche Arbeiterpartei, NSDAP), a political organization founded in 1920 months after the failure of the Spartacist Uprising and the foundation of the Kommintern.

But Hitler sought not only to take over the German state, but to redefine the very idea of the "nation," propounding a racist concept according to which the German people (Deutscher Volk) needed to be purified so as to contain only pure Aryan blood. This perverted notion of the nation led to the extermination of entire ethnic groups (genocide), including the Jews and Gypsies, in the "Final Solution" (Endlösung) and the elimination of persons with physical and mental defects to improve race through eugenics.


10.4.5 The Spanish Civil War as the prologue of the confrontation between communism and fascism

 From the point of view of constitutional history the triumph of totalitarianism in Russia, Italy and Germany ushered in an era characterized by brutal repression through the development of state security forces that crushed any attempts at dissent. Stalin, Hitler and Mussolini all killed or confined in concentration camps those who opposed their regimes. This system of terror was, however, "offset" by spectacular economic growth and concealed by propaganda which illustrated only the regimes' achievements. Thus, liberal parliamentary government spiraled into crisis as attempted military coups and revolutionary uprisings spread, in both cases aimed at overthrowing the constitutional order in order to impose dictatorships which promised to more effectively solve the social and economic crisis plaguing the era.

Europe was, thus, divided into two extremist and diametrically opposed camps: supporters of communist dictatorships and those who defended the triumph of the totalitarian, national socialist or fascist model.

In line with this trend, in Spain on September 13, 1923 General Primo de Rivera imposed a dictatorship suspending the Constitution of 1876, less than a year after the March on Rome (27-29 October, 1922) which had placed Mussolini in power. Dictatorship lasted until January 1930 and led to the fall of the Spanish Monarchy in April 14, 1931.  

The Second Republic saw the triumph of universal suffrage as the 1931 Constitution gave the Women the right to vote. But triumph of right wing parties in November 1933 general elections was never accepted by the Left parties, and the Socialist Leader Largo Caballero tried to rebel against the Government.  From 5-9 October, 1934, as reaction to the victory of the right-wing in the elections on 19 November of the previous year, PSOE Secretary General Francisco Largo Caballero led a revolution throughout Spain (which succeeded, ephemerally, only in Asturias) through which he sought to establish a Soviet-style regime.

The tension between communists and fascists swelled throughout Europe and ended up exploding in the form of the Spanish Civil War (July, 1936 - April, 1939) a grisly armed conflict which was long and devastating, as both sides were fueled by external support to wage it. While the democratic nations adopted policies of non-intervention, the totalitarian regimes sent aid to support their ideological allies. Stalin defended the Frente Popular (the Republic disappeared, de facto, in July of 1936) while Mussolini and Hitler supported the España Nacional (a term employed by those who carried out the military coup following the creation of the Junta de Defensa Nacional on July 24, 1936). 


10.4.6 Second World War and the end of fascism

The Spanish Civil war was, however, only the prologue to a new global confrontation which would originate in Europe: World War II. This conflict had its origins in the imperialist policies through which Mussolini, and especially Hitler, strove to expand their nations' territory, in Germany's case in search of Lebensraum, or "vital space." Both dictators initiated widespread rearmament, which portended the outbreak of a new worldwide conflict. After the 1938 annexation of Austria (Anschluss) and the Sudetenland (a German-speaking region of Czechoslovakia), accepted by England and France in the Munich Agreement (September 30, 1938), Hitler signed a "Non-aggression Pact" with Stalin on August 23, 1939, through which Germany and Russia effectively divvied up Poland.

On September 1, 1939, Wehrmacht troops crossed the Polish border, thereby igniting World War II. 16 days later, on September 17, it was the Russians' turn to invade Poland, which they did under the pretext of protecting the Ukrainians and Belarusians who lived in the eastern part of the country.  The Germans ultimately lost the war in the spring of 1945. The Russians would continue to impose and support communist dictatorships until the fall of the Berlin Wall in 1989.

On 22 June, 1944 Hitler committed the fateful blunder of invading Russia (Operation Barbarossa), an offensive would end in absolute failure after the Germans' defeat at Stalingrad (June, 1942 - February, 1943). The surrender of Von Paulus (commanding 90,000 soldiers surviving from his initial force of 250,000) marked the beginning of the end for Hitler. The paradox was that Stalinist Russia emerged on the side of the victors, and during the early post-war years the communists touted themselves as the saviors of the world. 

The fragile alliance between the democratic nations and the totalitarian Soviet Union would end up rupturing after the launch of the Marshall Plan (June 5, 1947). Europe was split into two blocks: Western Europe, in which the democratic model of the state was recovered; and Eastern Europe, in which Soviet-style totalitarianism prevailed until 1989. In fact, the considerable importance which communist parties enjoyed in democratic European states all the way through the 1980s should not be overlooked. These parties were integrated into the Communist International, and their general secretaries continued to receive instructions from Moscow.  All of this crashed down like a house of cards after the Soviet Union's demise in 1991.


10.4.7 The Communist Dictatorships as totalitarian politically correct regimes

 The end of the Second World War did not mean the end of dictatorship. Stalin’s Soviet Union got stronger as ever before, and Communism saw the triumph of Revolution in Mao’s China (1949) and Fidel Castro’s Cuba (1959). In 13 August 1961 the beginning of the building of the Berlin Wall (Berliner Mauer), which would stand until November 9, 1989, was the symbol that the world was divided between Western Capitalists Countries and Countries dominated by Real Socialist Regimes.

The collapse of the Soviet Union (1991) and most of the countries with states integrated into the model of "real socialism" did not prevent communist dynamics from continuing to expand during the era of decolonization, above all in Asia: in 1945 Ho Chi Minh founded the Democratic Republic of Vietnam; in North Korea Kim II Sung created the Democratic People's Republic of Korea, which he would rule with an iron fist from 1948 to 1994; in China Mao Tse Tung rose to power in 1949. Communism would also cross the Atlantic thanks to the triumph of the revolution led by Fidel Castro in Cuba against the Fulgencio Batista dictatorship (January 1, 1959), while other Ibero-American leaders, such as Che Guevara, would also seek to spread it.

Hitler's defeat and the collapse of the Berlin wall and the Soviet Union did not, then, do away with totalitarian regimes. There still remain Cuba, North Korea, Vietnam and the People's Republic of China. In the latter case, however, the meaning of the dictatorial state has changed, as rather than attempting to suppress the market system it has actually ended up fomenting it, creating a state-guided form of capitalism coated with economic imperialism, and not devoid of a certain strain of “revanchism” in response to the colonial era during which China was dominated by the West.  It is, no doubt, an unprecedented model which, for now, has made China a superpower, respected by the leaders of democratic regimes even though it is a police state which continues to impose the death penalty and where the suppression of free expression and protest is relentless. China and states like it are, in short, autocratic states ruled by isolated elites which adopt euphemistic descriptions of themselves as socialist, democratic and popular, despite the glaring fact that they are, in fact, none of these things.

10.4.8 From Dictatorship to Partitocracy

As for Soviet Russia, the October Revolution generated a very curious totalitarian state featuring successive constitutions (1918, 1924, 1936, 1977) containing a peculiar version of public law, including provisions such as an election rule whereby only the workers were allowed to vote (appearing in Lenin's first constitution), which deprived all other social groups, from the middle class up, of political representation. It was, one might say, a kind of proletarian censitary suffrage. As with Stalin's constitution of 1936, the constitutions underwent constant changes, as they were modified to govern aspects which would normally be dealt with by ordinary laws, or even regulations. The Soviet constitutions were not, thus, lasting and stable foundational texts, but rather legislative hodgepodges undergoing constant change - not to mention the Brezhnev Constitution of 1977, which officially gave up on the ''dictatorship of the proletariat." These were all constitutional regulations which established a legal framework suitable for a regime in which the important thing was not the government, nor the legislatures, nor the courts, but the power of the sole party (Communist Party of the Soviet Union), which constituted the core of the state. One only came to form part of the Party after a long and careful selection process for which it was necessary to spend several years as a candidate before joining the new dominant class.

All of these classes of totalitarian states certainly merit a more detailed study, as they are extremely germane and valuable towards an understanding of the extent to which law did not serve as a limiting force, but rather a legitimizing instrument of power after the collapse of the Ancien Régime. Above all they illustrate how each new autocratic regime ended up creating its own legitimacy and legal framework, which came to be accepted by the democratic nations, as is now the case with the Chinese dictatorship. Moreover, specific aspects of these totalitarian regimes still form part of our democratic states in the 21st century. Without going any further, one can cite the power structure prevailing in our current mass parties, whose leadership is determined by conventions at which cadres of elites are elected which end up enforcing party discipline, particularly when it comes to drawing up electoral lists. These practices have led specialists in public law to expressively designate our contemporary political parties as "New Princes " which have turned our democracies into "Partocracies." Massification obliges.


10.4.9 The social reaction of Western democracies: Roosevelt's New Deal and Welfare State. Towards the Social Rule of Law model State.

The liberal model of the state did not disappear, but it did have to be adapted to address new circumstances, even in the world's most liberal regime: the United States of America. This was the work of the nation's 32nd president, Franklin Delano Roosevelt (FDR), the longest-serving president in the country's history, in office from March 4, 1933 until April 12, 1945. Elected four times, he died in office, cutting short his final term. 

FDR, a Democrat, triumphed in the election of 1933 with a platform whose central tenet was protection for the common man from the ravages of the Great Depression. To this end he proposed a "New Deal" based on the premise the state should intervene to stimulate the economy and, in general, to alleviate the situation of the needy. This program was carried out in two phases. Immediately after taking office Roosevelt began to take steps to revive the U.S. economy in the short term ("The 100 Days.") In 1935 a second, more ambitious, longer-term phase began. The New Deal included federal aid to farmers, public assistance to the homeless, and established the nation’s first social welfare system (Social Security Act, August 14, 1935), agricultural protection legislation (Agricultural Adjustment Act, 12 May, 1933) and an ambitious initiative known as the National Recovery Administration (NRA), a government body created via the National Industrial Recovery Act of June 16, 1933, a bill encapsulating the very essence of the New Deal. Its aim was to regulate economic affairs, including work hours, minimum wages and guaranteed prices. The federal government strove to bolster the economy through a bold policy of public works, including the creation of a government agency for the exploitation of the Tennessee River (Tennessee Valley Authority Act, May 18, 1933), featuring major investments to improve its navigability, control floods and generate electricity. Also undertaken was the construction the Hoover Dam and the Colorado River Dam, on the border between the states of Arizona and Nevada, which took five years to build (1931-1936) and whose workers founded the nucleus of what is today the city of Las Vegas.

 The policy of economic interventionism initiated by Roosevelt in the United States had repercussions in Europe, where democratic governments also began to implement interventionist policies in the defense of workers. The most significant example is that of France, where in 1937 a coalition of leftist parties, the Popular Front, won the elections,  placing socialist León Blum at the head of the government. The most important achievement of Blum’s government were the social benefits for the first time granted French workers, including a reduction in work hours, guarantees of paid vacation time (15 days per year) and a 40% reduction in railway prices. In the summer of 1936, some 600,000 French workers went on vacation. The following year the number soared to 1,800,000.

It was the first step of a new model of State, that was between the pure Liberal Laissez faire model and the totalitarian regimes: the Welfare State. Power was submitted to the Rule of Law principle, but one of the main aims of the State is to provide protection and promotion of the economic and social well-being of its citizens.


10.4.10 The first interventionist State experiment in Spain: The Primo de Rivera’s Dictatorship (1923-1930)

a) The Disaster of Annual (22 July 1921)

The Battle of Annual was fought on July 22, 1921, at Annual in Spanish Morocco, between the Spanish Army of Africa and Berber combatants of the Rif region during the Rif War. The Spanish suffered a major military defeat, almost always referred to by the Spanish as the Disaster of Annual, which led to major political crises and a redefinition of Spanish colonial policy toward the Rif.

The Spanish lost more than 20,000 soldiers at Annual. German historian Werner Brockdorff states that only 1,200 of the 20,000 Spanish escaped alive. Rif casualties were 800. Materiel lost by the Spanish, in the summer of 1921 and especially in the Battle of Annual, included 11,000 rifles, 3,000 carbines, 1,000 muskets, 60 machine guns, 2,000 horses, 1,500 mules, 100 cannon, and a large quantity of ammunition. Abd el Krim remarked later: "In just one night, Spain supplied us with all the equipment which we needed to carry on a big war." Other sources give the amount of booty seized by Rif warriors as 20,000 rifles (German made Mausers), 400 machine guns (Hotchkisses), and 120–150 artillery pieces (Schneiders).

The political crisis brought about by this disaster led to the Primo de Rivera’s Dictatorship.


b) Establishment of Dictatorship

On September 13, 1923, the indignant military, headed by Captain General Miguel Primo de Rivera in Barcelona, overthrew the parliamentary government, upon which Primo de Rivera established himself as dictator. In his typically florid prose, he issued a Manifesto explaining the coup to the people. Resentful of the parliamentarians' attacks against him, King Alfonso tried to give Primo de Rivera legitimacy by naming him prime minister. In justifying his coup d'état, Primo de Rivera announced: "Our aim is to open a brief parenthesis in the constitutional life of Spain and to re-establish it as soon as the country offers us men uncontaminated with the vices of political organization." In other words, he believed that the old class of politicians had ruined Spain, that they sought only their own interests rather than patriotism and nationalism.

Although many leftists opposed the dictatorship, some of the public supported Primo de Rivera. Those Spaniards were tired of the turmoil and economic problems and hoped a strong leader, backed by the military, could put their country on the right track. Others were enraged that the parliament had been brushed aside. As he travelled through Spain, his emotional speeches left no doubt that he was a Spanish patriot. He proposed to keep the dictatorship in place long enough to sweep away the mess created by the politicians. In the meantime, he would use the state to modernize the economy and alleviate the problems of the working class.

Primo de Rivera began by appointing a supreme Directory of eight military men, with himself as president. He then decreed martial law and fired civilian politicians in the provinces, replacing them with middle-ranking officers. When members of the Cortes complained to the king, Alfonso dismissed them, and Primo de Rivera suspended the constitution and dissolved the legislative body. He also moved to repress separatists, who wanted to make the Basque provinces and Catalonia independent from Spain.

Despite some reservations, the great Spanish philosopher and intellectual, José Ortega y Gasset, wrote: "The alpha and omega of the task that the military Directory has imposed is to make an end of the old politics. "The purpose is so excellent, that there is no room for objections. The old politics must be ended." Nevertheless, other intellectuals such as Miguel de Unamuno and Vicente Blasco Ibáñez criticized the regime and were exiled.

The dictator enjoyed several successes in the early years of his regime. Chief among them was Morocco, which had been festering since the start of the 20th century. Primo de Rivera talked of abandoning the colony altogether, unless sufficient resources were available to defeat the rebellion, and began withdrawing Spanish forces. But when the Moroccans attacked the French sector, they drove the French and Spanish to unite to crush the defiance in 1925. He went to Africa to help lead the troops in person, and 1927 brought victory to the Franco-Spanish forces. Grateful Spaniards rejoiced to think that decades of North African bloodletting and recriminations were over.

c) The era of reforms

Primo de Rivera deeply believed that it was the politicians who had ruined Spain and that governing without them he could restore the nation.This is why he worked to build infrastructure for his economically backward country.

Infrastructures: Spain had few cars when he came to power; by 1930, it possessed Europe's best network of automobile roads. The Barcelona Metro, started many years earlier, opened in 1924. His economic planners built dams to harness the hydroelectric power of rivers, especially the Duero and the Ebro, and to provide water for irrigation. For the first time, electricity reached some of Spain's rural regions. The regime upgraded Spain's railroads, and this helped the Spanish iron and steel industry prosper. Between 1923 and 1927, foreign trade increased 300%. Overall, his government intervened to protect national producers from foreign competition. Such economic nationalism was largely the brainchild of Primo de Rivera's finance minister, José Calvo Sotelo. While Spain benefited from the European post-World War I boom, its economic growth also came from Primo de Rivera's policies and the order his regime gave the country.

Social reforms: The tranquility was, in part, due to the dictatorship's ways to accommodate the interests of Spanish workers. Imitating the example of Benito Mussolini in Italy, Primo de Rivera forced management and labor to cooperate by organizing 27 corporations (committees) representing different industries and professions. Within each corporation, government arbitrators mediated disputes over wages, hours, and working conditions. This gave Spanish labor more influence than ever before and this might be the reason why the Spanish Socialist Party and UGT where quick to cooperate with the government and its leaders affiliated themselves with the committees mentioned before.[4] Individual workers also benefited because the regime undertook massive public works. The government financed such projects with huge public loans, which Calvo Sotelo argued would be repaid by the increased taxes resulting from economic expansion. Unemployment largely disappeared.

Repression: But Primo de Rivera brought order to Spain with a price: his regime was a dictatorship, albeit a mild one. He censored the press. When intellectuals criticized the government, he closed El Ateneo, the country's most famous political and literary club. The largely anarchist CNT was decreed illegal and, without the support of the Socialist Party, the general strikes organised by the organisation where dismantled violently by the army. To suppress the separatist fever in Barcelona, the regime tried to expunge Catalan culture. It was illegal to use Catalan in church services or to dance the sardana. Furthermore, many of the dictator's economic reforms did not actually help the poor as huge public spending led to inflation, which the rich could cope with more easily. This led to a huge income disparity between the wealthy and working classes in Spain at the time.

 Yet despite his paternalistic conservatism, Primo de Rivera was enough of a reformer and his policies were radical enough to threaten the interests of the traditional power elite. According to British historian Gerald Brenan, "Spain needed radical reforms and he could only govern by the permission of the two most reactionary forces in the country—the Army and the Church." This is why finally Primo de Rivera dared not tackle what was seen as Spain's most pressing problem, agrarian reform, because it would have provoked the great landholding elite. Writes historian Richard Herr, "Primo was not one to waken sleeping dogs, especially if they were big."

d) A new political system?

Primo de Rivera chiefly failed because he did not create a viable, legitimate political system to preserve and continue his reforms. He seems to have sincerely wanted the dictatorship to be as brief as possible and initially hoped that Spain could live with the Constitution of 1876 and a new group of politicians. The problem was to find new civilian leadership to take the place of the military. In 1923, he began to create a new "apolitical" party, the Patriotic Union (UP), which was formally organized the following year. Primo de Rivera liked to claim that members of the UP were above the squabbling and corruption of petty politics, that they placed the nation's interests above their own. He thought it would bring ideal democracy to Spain by representing true public opinion. But the UP quite obviously was a political party, despite the dictator's naive protestations. Furthermore, it failed to attract enthusiastic support or even many members.

 On December 3, 1925, he moved to restore legitimate government by dismissing the military Directory and replacing it with civilians. Still, the constitution remained suspended, and criticisms of the regime grew. By summer 1926, former politicians, led by conservative José Sánchez Guerra, pressed the king to remove Primo de Rivera and restore constitutional government. To demonstrate his public support, Primo de Rivera ordered the UP to conduct a plebiscite in September. Voters could endorse the regime or abstain. About a third of those able to vote declined to go to the polls.

Nevertheless, buoyed by his victory, Primo de Rivera decided to create an entirely new political system. On 10 October 1927, with the king in attendance, he opened a National Assembly. Although they met in the Cortes chamber, members of the regime-appointed assembly could only advise Primo de Rivera. They had no legislative power. In 1929, following guidance from the dictator, the assembly finally produced a new constitution. Among its provisions, it gave women the vote because Primo de Rivera believed their political views less susceptible to political radicalism. He intended to have the nation accept the new constitution in another plebiscite, to be held in 1930.

As Spaniards tired of the dictatorship, the economic boom ended. The value of the peseta fell against foreign currencies, 1929 brought a bad harvest, and Spain's imports far outstripped the worth of its exports. Conservative critics blamed rising inflation on the government's spending for public works projects. Although no one recognized it at the time, the final months of the year brought the international economic slump which turned into the great depression of the 1930s.

e) End of the dictatorship

 When Primo de Rivera lost the support of the king and the armed forces, his dictatorship was doomed. The Spanish military had never unanimously backed his seizure of power, although it had tolerated his rule. But when Primo de Rivera began to inject politics into promotions for the artillery corps, it provoked hostility and opposition. Troubled by the regime's failure to legitimize itself or to solve the country's woes, the king also began to draw away.

 Alfonso, who had sponsored the establishment of Madrid's University City, watched with dismay as the country's students took to the streets to protest the dictatorship and the king's support for it. A clandestine pamphlet portrayed Alfonso as Primo de Rivera's dancing partner. Yet the king did not have to remove Primo de Rivera. On 26 January 1930, the dictator asked the military leaders if he still had their support. Their lukewarm responses, and his recognition that the king no longer backed him, persuaded him to resign two days later. Primo de Rivera retired to Paris, where he died from fever and diabetes on 16 March 1930.

f) The aftermath: From Dictatorship to Republic and Civil War

In the early 1930s, as most of the western world, Spain fell into economic and political chaos. Alfonso XIII appointed General Dámaso Berenguer, one of Primo de Rivera's opponents, to govern. But the monarch had discredited himself by siding with the dictatorship. Social revolution fermented in Catalonia. In April 1931, General José Sanjurjo informed the King that he could not count on the loyalty of the armed forces. Alfonso XIII suspended the monarchy on 14 April 1931, leaving the royal family in Madrid. The act ushered in the Second Republic.

 Two years later Primo de Rivera's eldest son, José Antonio, founded the Falange, a Spanish fascist party. Both José Antonio and his brother Fernando were arrested in March 1936 by the republic, and were executed in Alicante prison by republican forces once the Spanish Civil War began in July 1936. The Nationalists led by Francisco Franco won the Civil War and established a far more authoritarian regime. By that time, many Spaniards regarded Primo de Rivera's relatively mild regime and its economic optimism with greater fondness.


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