Spanish Constitution and Law Sources
Item 19: The Constitution as the Source of Law
Secondary Rules
1. Regulatory Powers
The Spanish Constitution grants the government regulatory power, defined as the executive’s ability to issue general rules below the rank of law. This authority is inherent in the executive function. A key question is whether the government can exercise this power where the law doesn’t act. This issue has two aspects:
- In some countries, the Constitution reserves certain matters for law, while others are covered by regulations.
International Arbitration: Resolving Disputes Between States
International Arbitration
Hague Convention of 1907
According to Article 37 of the Hague Convention of 1907, international arbitration settles disputes between states through judges they elect, based on respect for law. The arbitration agreement includes a commitment to submit in good faith to the arbitral ruling. Generally, states determine the substantive and procedural rules applied in arbitration through their consent.
The state designates the body or persons acting as referees, the extent of their
Read MoreInternational Treaties in the Spanish Legal System
The Constitution as the Source of Law
1.1 Integration into the Spanish Legal System
International treaties, agreements by which the state assumes international obligations, become part of domestic Spanish law upon official publication in the BoletÃn Oficial del Estado (BOE). This automatic inclusion mechanism requires no adaptation law. Once published, the treaty becomes a binding national rule, observed by all state organs and applied by judges in relevant cases.
Treaties also possess passive legal
Read MoreState Government Structure and Functions
Judicial Power
Judicial power resides in the Superior Court, a body of tenured and supernumerary judges. Judges must be Mexican citizens in full exercise of their rights, over 30 years old, and hold a law license. The court introduces bills and reforms to the state congress, and rules on official misconduct.
Application of Justice
Justice is applied within judicial districts across the state.
Executive Power
Executive power is vested in the Governor, who leads the public force and can make agreements
Read MoreSpanish Constitution of 1978: History and Principles
The Political Transition and the Constitutional Process
Spain’s constitutional history has oscillated between constitutionalism and authoritarianism, with nine constitutions adopted between 1812 and 1831. The Canovist constitutions of 1876 and 1895 were the most enduring. The failure of earlier constitutional movements stemmed from limited societal modernization and a lack of negotiation among key actors.
The most recent transition began with Franco’s death in 1975 and culminated in the 1978 Constitution.
Read MoreMarket and Consumer Regulations
Market and Consumers
Art278. Disclosure of Business Secrets
1. Discovering a secret through data, documents (written or electronic), computer media, or other related objects, or employing means mentioned in Article 197, paragraph 1, is punishable by two to four years imprisonment and a fine of twelve to twenty-four months.
2. Disseminating, ceding to a third party, or disclosing discovered secrets is punishable by three to five years imprisonment and a fine of twelve to twenty-four months.
3. These