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Legal Culture and Legal System in Post-Franco Spain

NCJ Number
132029
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 14 Issue: 1-2 Dated: (Spring-Winter 1990) Pages: 211-224
Author(s)
F Morn; M Toro
Date Published
1990
Length
14 pages
Annotation
This analysis compares the changes in law, legal structure, and personnel between the Franco and post-Franco periods in Spain to determine what differences were wrought by the transformation from dictatorship to democracy in 1975.
Abstract
The authors found that, despite the promises contained in the 1978 Constitution to reshape the political and legal systems, many constitutional reforms were not set down in legislation. For example, the jury system remains nonexistent despite being written in the Constitution for over a decade. In addition, the procedures for recruiting and training personnel in the legal system has not changed much. However, recruitment of judicial personnel has changed, particularly for judges, whose age, socioeconomic background, and gender are important to their selection. Reform of the legal system has also been hindered by the dramatic rise in Spanish crime rates in the post-Franco period. 2 notes and 12 references (Author abstract modified)

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