Spanish Constitutional Law and Legal Theory Essentials
Spanish Constitutional Law and Legal Principles
Fundamental Questions and Answers
2.- According to Article 81 CE, Organic Laws are…
a) … those relating to the development of fundamental rights and public liberties, those which establish Statutes of Autonomy and the general electoral system, and other laws provided in the Constitution.
3.- The Spanish Constitution is divided into two clearly differentiated parts:
d) Dogmatic Part, which includes the Preliminary Title and Title I, and the Organic Part.
4.- Which of these principles is not included in the articles of the Preamble of the Spanish Constitution?
d) None (justice, liberty, security).
5.- According to Article 1 CE, Spain is hereby established as…:
b) … a social and democratic State.
6.- According to Article 1 CE, Spain advocates as the highest values of its legal order…:
b) … liberty, justice, equality, and political pluralism.
7.- According to Article 9.3 CE, the Constitution guarantees several principles. Which of the following principles is NOT mentioned in that article?
a) The retroactivity of punitive measures that are unfavourable to or restrict individual rights.
8.- According to Article 1 of the Spanish Civil Code (CC), the sources of the Spanish legal system are…:
a) … written laws, custom, and general legal principles.
9. The basic structure of the legal rules is as follows:
b) Factual situation and legal consequence.
10.- Would it be possible to apply a custom regarding protocol since there is already a written law on this matter?
b) Never, because in Spanish law, custom cannot be above the law.
11.- Which of the following rights or principles is NOT the foundation of the political order and social peace?
a) Liberty.
12.- According to Article 14 CE, which of the following statements is correct?
a) Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion, or any other personal or social condition or circumstance.
14.- Critics of Natural Law or the Iusnaturalist Theory say that:
c) Since there is no single concept of justice, there could not be a single Natural Law.
15.- Critics of Legal Positivism Theory say that:
d) None of the above is correct.
16.- Which of the following statements is a criticism of Legal Realism Theory?:
c) It is based on subjective criteria, because judges actually decide cases according to their own political or moral tastes.
18.- The main characteristic of Legal Positivism Theory is:
b) The concept of law is identified with a human construct.
19.- What is the idea of justice in Aquinas?:
a) Justice is above all a religious concept.
20.- The Spanish Government has adopted an Organic Law related to the right to life. Is this correct?
d) None of the above is correct.
Official Order of Precedence in Spain
- King (or Queen)
- Queen consort (or Queen’s Consort)
- Princess of Asturias
- Infants of Spain
- President of the Government
- President of the Congress of Deputies
- President of the Senate
- President of the Constitutional Court
- President of the General Council of the Judiciary
- Vice-Presidents of the Government, according to their order
- Government Ministers, according to their order (from the oldest to the most recent)
- Dean of the Diplomatic Corps and foreign ambassadors accredited in Spain
- Former Presidents of the Government
- Presidents of the Government Councils of the Autonomous Communities, according to their order
- Head of the Opposition
- Mayor of Madrid
- Head of the Household of His Majesty the King (…)