For centuries, the Spanish state has proved to be an expert system
for repressing political dissent and any threat that could
jeopardize the maintenance of the status quo. It has done so using
all the institutions and all the areas of power that were
necessary, for the end has always justified the means. Carles
Mundo, Catalan Minister of Justice, 20162017. There is no book in
Spain that talks about lawfare. Nor is there a book that deals with
the system of judicial repression of political dissidence deployed
by the Franco regime. Nor is there a book that denounces the
judicial system inherited from the dictatorial regime and that was
later embodied in the 1978 Constitution. Lawfare (the combination
of law and warfare) thus fills a void to the extent that it
penetrates the authoritarian judicial system and highlights the
democratic deficits of the Spanish judiciary. The politicization of
justice began with the appointment, as president of the
Constitutional Court, of a prominent member of the Peoples Party
(Partido Popular PP) in 2013. Thereon started a process of
judicialization of politics via reform of the Organic Law of the
Court Constitutional. The referendums of November 9, 2014 and
October 1, 2017 entailed the criminalization of the Catalan
independence movement and a drastic reduction in fundamental rights
linked to the exercise of political choice. This was confirmed by
the judgment handed down by the Supreme Court in 2019, culminating
in a lawfare strategy that has led to the criminal conviction of
two presidents of the Generalitat Artur Mas and Joaquim Torra and
the exile of a third president, Carles Puigdemont. Lawfare is the
first book to link in a broad way the thinking of German jurists of
the Nazi period to the training of judges in Spain both up to and
during the Franco regime, and beyond. Published in collaboration
with the Department of International History, London School of
Economics
General
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