Legal Theory: Kelsen vs. Hart on the Foundation of Legal Systems
The Master Rule and the Unity of Law
The principle of unity in law, alongside completeness and consistency, is key to understanding legal systems. Positivism, exemplified by Kelsen’s fundamental rule and Hart’s rule of recognition, offers different perspectives on this unity. The question is whether this rule is internal to the legal system or an external element.
Hans Kelsen’s Pure Doctrine of Law
Hans Kelsen’s pure doctrine posits a chain of legal norms, where each norm’s legality depends on the
Read MoreThe Spanish Legal System and Territorial Organization
1. The Legal System and Territorial Organization of Spain
1.1 The Legal System
What is Legal?
The legal system is the set of standards (normative system) that exists in a society at a given historical moment. It determines how that society is organized and how it resolves disputes.
Features of the Legal System:
- Unity: The legal system is a unit that compels all citizens and public authorities. This means the application of the rule to all situations included in its scope.
- Organized Group: The legal system
Criminal Procedure Investigation & Precautionary Measures
Criminal Procedure: Investigations and Measures
I. Investigations
Distinction between Investigation and Evidence:
- Investigations aim to discover unknown facts, while evidence aims to verify statements.
- Investigations typically occur in the preliminary procedure, while evidence is presented at trial.
- Investigations can be conducted without contradiction, while evidence is presented under contradiction.
Initiation and Conduct of Investigations:
- Investigations are ordered by the Magistrate, either automatically
Constitutional Reform and the Appeal Process in Spain
An Initial Appeal
Challenge Mechanism
The challenge mechanism is a direct force of law, with the sole purpose of bringing about an abstract review of those standards.
Legitimation
- The President of the Government
- The Ombudsman
- 50 Members of Congress
- 50 Senators
In the case of laws, regulations, or acts having the force of state law that may affect their own sphere of autonomy, the following are also entitled to challenge:
- The Executive body of the Autonomous Communities (CCAA)
- Legislative Assemblies of the
Condominium Law Case Study: Quota Challenges and Building Modifications
Case Study: Condominium Law Disputes
1. Validity of D. Marcelo’s Reserved Housing Contributions
D. Marcelo reserved four houses and assigned them significantly lower fees than other units, potentially violating Article CC-396 of the Condominium Law (Horizontal Property Act of July 21, 1960). The Act establishes prerequisites for title, including property descriptions, proprietary items, common elements, and participation fees (Article 5, Paragraphs 1 & 2). Article 5, Paragraph 2 outlines the
Read MoreFunctional Litigation in Civil Procedure: A Comprehensive Guide
FUNCTIONAL LITIGATION
Procedural Acts and Parts
Concept: All those human actions that affect a process, i.e., voluntary human acts, the judge, or third parties that create, modify, or extinguish legal relations process.
Elements namely:
- The existence of one or more wills designed to produce effects in the process. The general rule is that these manifestations are unilateral, unlike the civil legal act.
- The will must manifest itself, and this event is generally formalities.
- It must be intended to produce