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Law of Spain
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.
Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national.
The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Spanish people, as well as the organization and competencies of the different autonomous communities. The Constitution, as well as being directly applicable by the judiciary, enjoys a material supremacy that determines the rest of the laws in Spain.
All laws in Spain must be declared compatible with the Constitution (all laws that contravene the Constitution are invalid). However, it is clear that a public body is needed to regulate the fulfilment of this rule. In Spain's case, a Constitutional Court exists, which follows the Kelsenian (or Austrian) model.
Following this doctrine, the constitutional court has two basic functions:
In a case where an ordinary court questions a law, only the right of the declaration is available, and it must go to the Constitutional Court with the question of constitutionality so that it can be declared, thus it is the only body which possesses the power to reject laws.
The division of powers, a fundamental idea in liberal thinking, is the core of the political system. Although, the Spanish Constitution only establishes the separation of functions. At its heart, national sovereignty permits the election, by universal suffrage (men and woman older than 18), of representatives of the sovereign people in the Cortes Generales. The Cortes Generales exercise legislative power through two chambers, the Congress of Deputies and the Senate, choose the Prime Minister and control the actions of the executive power, which must obey the law.
The judicial powers fall into the hands of the judges and courts, an office which the public has access to, and in a jury, which is formed by nationals chosen by lottery in every case. The Constitutional Court controls the laws and the actions of the public administration must fit into the Magna Carta.
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Law of Spain
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.
Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national.
The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Spanish people, as well as the organization and competencies of the different autonomous communities. The Constitution, as well as being directly applicable by the judiciary, enjoys a material supremacy that determines the rest of the laws in Spain.
All laws in Spain must be declared compatible with the Constitution (all laws that contravene the Constitution are invalid). However, it is clear that a public body is needed to regulate the fulfilment of this rule. In Spain's case, a Constitutional Court exists, which follows the Kelsenian (or Austrian) model.
Following this doctrine, the constitutional court has two basic functions:
In a case where an ordinary court questions a law, only the right of the declaration is available, and it must go to the Constitutional Court with the question of constitutionality so that it can be declared, thus it is the only body which possesses the power to reject laws.
The division of powers, a fundamental idea in liberal thinking, is the core of the political system. Although, the Spanish Constitution only establishes the separation of functions. At its heart, national sovereignty permits the election, by universal suffrage (men and woman older than 18), of representatives of the sovereign people in the Cortes Generales. The Cortes Generales exercise legislative power through two chambers, the Congress of Deputies and the Senate, choose the Prime Minister and control the actions of the executive power, which must obey the law.
The judicial powers fall into the hands of the judges and courts, an office which the public has access to, and in a jury, which is formed by nationals chosen by lottery in every case. The Constitutional Court controls the laws and the actions of the public administration must fit into the Magna Carta.