Foundations of the Modern Liberal State
The modern liberal state emerged from the old regime, which was primarily the absolutist monarchy. In this form, the king or queen was the sovereign, and their word was law. In the 17th century, a new way of thinking was born: the idea that all members of society constitute the people, and sovereignty resides in the people by law. This new order was founded on law.
Republican traditions are closely associated with the liberal tradition. The principle that the law should be the same for all guarantees
Read MoreCanonical Impediments to Marriage
Certain personal situations or previous legal relationships can prevent a valid marriage according to canon law.
Prior Marriage Bond
According to Canon 1085, “invalidly attempts marriage who is bound by the bond from a previous marriage, even if not consummated.” This principle, according to other canonical sources, affects both Catholics and non-Catholics. Marriage in general is understood to be subject to unity in its double meaning of monogamy and fidelity.
This impediment is considered divine law
Read MoreLabor Standards and Employment Contracts
Hierarchy of Labor Standards
In cases of conflicting labor standards, the principle of upholding worker protection prevails. The source containing more favorable provisions for the employee should take precedence.
Functions of Legal Principles
- Creative Function: Legislators consider guiding principles when drafting bills.
- Integrative Function: Principles fill gaps in existing laws.
- Interpretative Function: Principles influence the interpretation of legal rules.
- Normative Function: Principles guide decisions
Formation of Catalan Law: Charters & Liber Iudiciorum
Catalonia: Early Legal Development
The Formative Stage: Population Charters
The formative stage of Catalan law occurred between the 9th and 13th centuries. Geographically, this law applied primarily to ‘Old Catalonia’ and was characterized by:
- The maintenance and subsequent decline of the Visigothic law, the Liber Iudiciorum.
- The appearance of population charters and franchises, which the counts used to address emerging needs.
- The expansion of feudal law through the usatges (customs or usages), namely
EU Worker Protections and Employment Strategy (TFEU Focus)
Directive Provisions on Redundancies and Worker Rights
Member States may grant the competent public authority wider powers of extension.
The employer must be informed of the extension and the grounds before the expiry of the initial period provided for in paragraph 1.
Member States are not obliged to apply this article to collective redundancies arising from the termination of the establishment’s activities where this is the result of a judicial decision.
The directive does not affect the right of Member
Read MoreLegal Force and Effect of Spain’s Constitution
Legal Value of the Spanish Constitution
- The Spanish Constitution (EC) is a fundamental legal standard; the constituent power established its legal status. The Constitutional Court (TC), in its first ruling, affirmed that the EC is the supreme legal rule of the legal system (OJ), and its precepts can be invoked in court.
- The EC binds both citizens and public authorities. It comprises various rules and precepts, although not all have the same level of effectiveness. Its supremacy is guaranteed judicially,