Spanish Legal System: Sources, Norms, and Constitutional Interpretation
Item 10 -> the sources of law:
they are social forces capable of creating legal norms / the ord.
are a set of legal rules or standards production, all NJ are located within an OJ / legal system is a set of systems that claim to be consistent (can not contain contradictions, and if you have the system itself provides formulas that solve eg, posterior standard supersedes the higher standard supersedes the lower.
plenitude (the OJ should contain all the possible scenarios one can really give q always exists for each case NJ) and conflict resolution.
Cst. As a source of sources:
for det. The validity of 1 NJ must know q pos. Occupies within the system. Legal. NJ moreover all must have set an upper q q is the competent body to dictate (to whom), the proc. Established for it (acts) and regulating specific matter (ed. Or matter). The EC must contain a way to produce the NJ (substance). In this way before there is any rule of law q is the basic question whether other NJ along the hierarchy to the EC. In short, there are q determine whether they have been given x the subject entitled and have followed the requirements.’s const. And unity of the legal system:
only [the creation NJ performed x em State monopoly. The state is unique and OJ. Your char. Is essential is that self-reference. The system itself provides the procedures for production, modification and termination of the very elements that constitute it. Ie is self. The basic element and energy is EC] diversity [the Spanish OJ consists of: 1) E.Central, 2) OJ of the CCAA 3) OJ of the EU] Ppios spatial sist. Sources [analogy:
attribution to case or matter not covered supletoriedad:
forwarding to other standard or rd. Legal, provided it is established the existence of temporary pools:
a standard supersedes subsequent specialty special rule supersedes the general hierarchy of a standard subordination to another jurisdiction MEASUREMENT PRINCIPLE:
determines the scope of a standard function of reserve area MEASUREMENT PRINCIPLE material:
the regulate certain matters only certain categories MEASUREMENT PRINCIPLE regulatory function:
it expresses meaning or mission of a rule of preference or primacy MEASUREMENT PRINCIPLE:
involves the displacement of a standard x other]
Norms and supremacy of the EC:
the constitution is the result of regulatory product of the constituent powerq and validates other sources.
the normative value of the constitution, understood as mandatory and binding value.
Derogatory value:
the express is the law which clearly states q must be lifted and the tacit not clear. Q laws should be repealed.
Brunei Darussalam the question implies the possibility of repeal and annul the previous standards.
Constitutional interpretation:
the rigidity acts as a guarantee of supremacy and its limits. Interpretacióhn not ensure inviolability in the constitutional text.
features of constitutional rules:
1) heterogeneity and different density regulations (Ppios const, organizational rules, etc) 2) openness: 2.1. Perspective material: open and focused content / core of certainty and penumbra 2.2. Formal perspective: there are precepts precepts complete or incomplete self-sufficient or dependent i 3) linked to a text: it reflects and is a constituent options open text.
inadequate basic criteria of interpretation of constitutional unit MEASUREMENT PRINCIPLE:
Not an isolated but systematic interpretation MEASUREMENT PRINCIPLE maximizing efficiency constitutional requirements: giving preference to results interpreted as allowing more immediate and full implementation of the standard. MEASUREMENT PRINCIPLE correction functional requires the interpreter to respect the estr. Power and distribution of responsibilities among agencies. MEASUREMENT PRINCIPLE to harmonize or match practice: if there is a conflict between 2 or + rules prevent a MEASUREMENT PRINCIPLE exclude another interpretation as: ensuring interpret. Laws in accordance with the Constit. And avoid a mistrial if possible.
Mutations and limits to constitutional interpretation:
a mutation is a change in policy content of a rule but its wording left intact and can be legitimate or illegitimate.
Rigidity and reform Constitution:
the constitutional supremacy is guaranteed by means of stiffness [mechanisms aggravated reform constitutions that create flexible and rigid constitutions] and reform.
Simple amendment procedure (partial reform course):
Most approved x 3 / 5 of each camera , if there is no congressional approval by a majority of 2 / 3 could adopt the reform, once approved by the CG will be submitted to referendum for ratification.
Worsened procedure (total or partial reform):
Approval x May. 2 / 3 of each house and immediate dissolution of CG, the cameras must ratify the decision to proceed with the study of the new constitution must be approved q x May 2 / 3 of both houses, once approved shall be submitted to referendum required