The Spanish Constitution of 1812
A. Constitution of Cádiz
The Constitution of Cádiz, Spain’s first constitutional text, followed the Statute of Bayonne. This extensive text, comprising 384 articles, comprehensively covers certain topics, such as the electoral process. An express declaration of rights appears at the beginning, possibly to avoid influence from the French Constitution. The drafting of a constitution in Cádiz was deemed necessary. A commission was appointed, consisting of five absolutist deputies, four liberals
Read MoreSpanish Criminal Procedure: Key Concepts and Case Studies
ITEM 8
7. Please provide an example in which the Judicial Police can proceed on their own authority to conduct an entry and search.
Before committing a flagrant crime. For example, an agent who hears a cry for help in a home and enters by knocking down the door to prevent the rape of a woman.
9. What is the name of the first statement presented by the defendant before the court?
The first statement of the accused is called an “inquiry.” This diligence serves to inform the accused of the charges against
Read MoreThe Basque Statute of 1936: A Brief Overview
The Basque Statute of 1936
1. Introduction
This document analyzes the “Law on the Basque Statute,” a text adopted by the Spanish Congress of Deputies on October 4, 1936. The analysis will cover the text’s location, content, and historical context, concluding with a brief summary of its significance.
2. Location and Nature of the Text
The text is informative and legal-political in nature, originating as a historical source. It was collectively authored by the Spanish Courts and intended for a public,
Read MoreUnderstanding Legal Systems and the Rule of Law
ITEM I: Understanding Rights and Laws
Right
A set of rules governing the conduct of men in society, for the common good.
Class
Subjective Right: The right or power to enforce one’s rights, limit those of others, possess or demand something under the rule of law.
Objective Law (Natural Law): A set of ethical standards of justice that arise from human nature and are related to human deployment and co-existence. Natural law derives from human nature.
Positive Law:
- Right (Adjective): The set of rules and principles
Comprehensive Guide to Mortgages, Security, and Obligations in Civil Law
Section 2414. There may be mortgage on their property, but the person who is able to dispose of, and with the requirements for disposal.
They can own property mortgage bonds for the safety of an obligation of others, but there is no personal action against the owner if it has not been specifically subjected to it.
Section 2418. The mortgage can not take place but on real estate that are held in ownership or usufruct, or on ships.
The special rules relating to the mortgage of the ships belonging
The Civil Service in Public Administration
Sanctions
The Administration’s Power to Sanction: The Public Administration (PA) holds the authority to impose sanctions. The fundamental principles governing this power, as well as the corresponding rights of citizens, are derived from the Constitution and administrative law. The European Commission (EC) ensures that citizens receive equal treatment from the PA. These principles are enshrined in Articles 127 to 133 of the LRJAP-PAC, and include:
- Rule of Law: Article 127.1 of the LRJAP stipulates