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Spanish Law
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 international waters. It is also applicable to the Spanish armed forces worldwide. Spanish law stems from the Spanish people through democratically elected institutions. Equally, part of the legislation comes from the supranational institutions of the European Union, which also enjoy democratic legitimacy. Characteristics 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. Constitutional supremacy The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Span ...
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Spain
, * gl|Reino de España, * oc|Reiaume d'Espanha, | | image_flag = Bandera de España.svg | image_coat = Escudo de España (mazonado).svg | national_motto = | national_anthem = | image_map = | map_caption = | image_map2 = | capital = Madrid | coordinates = | largest_city = capital | languages_type = Official language | languages = Spanish | ethnic_groups = | ethnic_groups_year = | ethnic_groups_ref = | religion = | religion_ref = | religion_year = 2020 | demonym = | government_type = Unitary parliamentary constitutional monarchy | leader_title1 = King | leader_name1 = Felipe VI | leader_title2 = Prime Minister (President of the Government) | leader_name2 = Pedro Sánchez | leader_title3 = President of the Senate | leader_name3 = Pilar Llop | leader_title4 = President of the Congress of Deputies | leader_name4 = Meritxell Batet | leader_title5 = President of the Supreme Court | leader_name5 = Carlos Lesmes Serrano | legislature = Cortes Generales ...
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Spanish Constitution Of 1978
The Spanish Constitution (Spanish, Asturleonese, and gl|Constitución Española; eu|Espainiako Konstituzioa; ca|Constitució Espanyola; oc|Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was enacted after its approval in a constitutional referendum, and it is the culmination of the Spanish transition to democracy. The Constitution of 1978 is one of about a dozen of other historical Spanish constitutions and constitution-like documents; however, it is one of two fully democratic constitutions (the other being the Spanish Constitution of 1931). It was sanctioned by King Juan Carlos I on 27 December, and published in the ' (the government gazette of Spain) on 29 December, the date in which it became effective. The promulgation of the constitution marked the culmination of the Spanish transition to democracy after the death of general Francisco Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 years. T ...
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Decree
A decree is a rule of law usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special orders kno ...
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Royal Decree
A decree is a rule of law usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special orders kno ...
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Royal Legislative Decree (Spain)
A Royal Legislative Decree is a legal rule having the force of a law in the Spanish legal system. The name of "Royal" is given because it has state rank and it is the King who is responsible for sanctioning and ordering the publication and compliance of the rule and the name of "Legislative" is given because it is a delegation from parliament. However, when the rule is created by an autonomous government, it receives the name of "Legislative Decree" because the King only sanctions the Decrees of the central government (the autonomous community Legislative Decree is sanctioned by the President of the Autonomous Community in the name of the King). Requirements to use the Royal Legislative Decree In order to delegate the legislative capacity of Parliament to the Government, Parliament must make a law (known as Delegation Law or Law of Delegation) to allow it. In this way, the Legislative Decree that is created will already be backed by Congress and will become part of the legal system wi ...
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Royal Decree-Law (Spain)
A Royal Decree-Law is a legal rule having the force of a law in the Spanish legal system. The name of "Royal" is given because it has state rank and it is the King who is responsible for sanctioning and ordering the publication and compliance of the rule. However, when the rule is created by an autonomous government, it receives the name of "Decree-Law" because the King only sanctions the Decrees of the central government (the autonomous community Decree-Law is sanctioned by the President of the Autonomous Community in the name of the King). Requirements to use the Decree-Law The Constitution says literally: This means that there are two fundamental conditions to use the figure of the Royal Decree-Law; That certain measures must be implemented urgently (and can not be carried out by the normal parliamentary process because it is very slow), and that the Decree-Law is created because of situation of extraordinary necessity. Limits of the Decree-Law According to thSpanish Constitut ...
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Ordinary Law
An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to be the case in all jurisdictions. (For example, the Constitutional Court of Spain has ruled that Spain's Organic Laws are not hierarchically superior to ordinary laws, but simply apply to different matters.Sentencia de 13 de febrero de 1981, Tribunal Constitucional de España) Ordinary laws often govern areas beyond the scope of constitutional or organic laws. Normally, in a democracy, an ordinary law must first obtain a simple majority of a congress, parliament, or other legislature, and then be signed into law by the representative of executive power. The process leading to a legislative vote may vary vastly from one jurisdiction to another: the process may be initiated by either house of ...
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Absolute Majority
A supermajority, supra-majority, qualified majority or special majority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or fixed membership rather than on those present and voting. History The first known use of a supermajority rule was in the 100s BCE ...
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Organic Law (Spain)
An Organic Law ( es|Ley Orgánica) in Spanish law under the present Spanish Constitution of 1978 must be passed by an absolute majority of the Congress of Deputies (not merely a majority of those voting). The Spanish Constitution specifies that some areas of law should be regulated by this procedure, such as the Laws of Development of Fundamental Rights and Freedoms contained in the first section of Chapter Two of Title I of the Constitution, which was the basis for the Statutes of Autonomy of the various autonomous communities of Spain. Prior to the 1978 constitution this concept had no precedent in Spain, but was inspired by a similar concept in the current French Constitution of 1958, which established the French Fifth Republic. Martin Ibler,Der Grundrechtsschutz in der spanischen Verfassung am Beispiel des Eigentums" in ''Juristenzeitung'' 1999, p. 287 et. seq. Juridically, organic laws are at the same level as ordinary laws. The difference between the two is in the more restricti ...
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Spanish Civil Code
The Civil Code of Spain ( es|Código Civil), formally the Royal Decree of 24 July 1889 ( es|Real Decreto de 24 de julio de 1889) is the law that regulates the major aspects of Spanish civil law. It is one of the last civil codes in Continental Europe because of the sociopolitical, religious and territorial tensions that dominated 19th-century Spain. The code has been modified numerous times and remains in force. Structure The structure of the Civil Code is heavily inspired by the French Civil Code of 1804. It is made up of 1976 articles. * Preliminary Title. Of legal norms, their application and efficacy (articles 1 to 16). * Book I. Of persons (articles 17 to 332). * Book II. Of goods, of property and of their modifications (articles 333 to 608). * Book III. Of the different ways of acquiring property (articles 609 to 1087). * Book IV. Of obligations and contracts (articles 1088 to 1975). * Article 1976 is a repeal provision. * 13 transitional provisions. * 4 additional provisions. ...
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General Council Of The Judicial Power Of Spain
The General Council of the Judiciary (GCJ) ( es|Consejo General del Poder Judicial, (CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court. Constitutional nature The Constitution of 1978 regulates the General Council of the Judiciary in paragraphs 2 and 3 of the section 122. This means that, the Constitution only detail the way of election of the eight members of the GCJ that they will be chosen between the most renowned jurists. It requires a minimum of 15 years of experience. Four of them must to be chosen by the Congress and the other four by the Senate. Both case requires a majority of three fourths of the members of every Chamber to be elected member of the GCJ. Ot ...
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Account Court
Account may refer to: * Account (bookkeeping) * A report * A bank account ** Deposit account ** Personal account ** Sweep account ** Transaction account * User account, the means by which a user can access a computer system * Online account, such as e-mail account or FaceBook account. * Customer of a company, used in B2B business. See account manager or account executive. {{disambig ...
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Spanish Council Of State
The Council of State ( es|Consejo de Estado), is the supreme consultative council of the Spanish Government. The current Council of State was established in 1980 according to the article 107 of the Constitution of 1978. The institution of the Council of State, understood as supreme consultative council of the Government, has existed intermittently since 1812. During the Ancien Régime, the Council of State advised the King about foreign policy. History The council as the body through which the monarchs ruled their territories has its origins in the Crown of Castile with the creation of the Council of Castile in 1385 by King John II. Other peninsular kingdoms like Navarre also created its own council in 1481 by Queen Joan II and in Aragón in 1494 by King Ferdinand the Catholic. Foreign affairs council (1522–1834) The King Charles I inherited vast territories through Europe and decided to create a new council called «''of State''» due to the enormous foreign policy that marked h ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. Modern jurisprudence began in the 18th century and was focused on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shiner, "Philosophy of Law", ''Cambridge Dictionary of Philosophy'' This article addresses three distinct branches of tho ...
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