The indictment by Judge Baltasar Garzon, through which it intends to open proceedings against the crimes of the civil war and dictatorship, contains a gem like this:
"Action displayed by the people revolted and contributed to armed insurrection of July 18, 1936 was beyond all legality and attacked the form of government (crimes against the Constitution, the Second Section of the Criminal Code of 1932, in force when the uprising occurred), in a coordinated and conscious, determined to end by way of fact the Republic by overthrowing the legitimate government of Spain .
It may be deduced that the state emerged from the July 18 is completely illegal and illegitimate, and therefore also all the legal and policy decisions emanating from it. So the government should withdraw all court decisions of the dictatorship, or at least those of a political nature. Another should set aside the Political Reform Act of 1976, as was supported by the Fundamental Laws Franco, and his main result: the 1978 Constitution. And of course should be ipso facto deposed dictator's successor illegitimate.
short, if ultimately were proven by final judicial decision that the Francoist state was illegal and illegitimate current state it is also to be a just reform it. Only then breaking it with him soon. That if the English state was consistent, clear.
But I fear that it will be, and that as much as the cause garzoniana continue to be done well considering all legal and legitimate instrument Franco's power. Will get to wonder how to reconcile the illegality to legality, legitimacy of illegitimacy. The state has experienced it: as it did during the transition.
