Spanish Legal System: Hierarchy, Sources, and Institutions
Understanding the Spanish Legal System
Right: A set of rules, strict or not, that regulate coexistence.
Sources of Law
Loriga and Are are the manifestation of law. These are:
- Law: A standard dictated by the authority in charge, following due formalities, which is common, stable, fair, and enacted with sufficiency.
- Custom: A standard arising from social practice and repeatedly considered obligatory by the community.
- The General Principles of Law: Fundamentals underlying the elaboration of unwritten laws.
- Jurisprudence: The doctrine that the Supreme Court states repeatedly in its judgments.
- International Treaties: Agreements that Spain celebrates with other countries and international organizations.
Hierarchy of Rules
This is based on the principle that a rule of lower rank cannot contradict one of a higher rank. The hierarchy is as follows:
1. The Spanish Constitution of 1978
This is the supreme norm that occupies the highest position in our domestic legal system. The Constitution contains the set of rules concerning the organization and institutions of the state, including a declaration of rights and liberties, both individual and collective, besides principles of political organization and those that govern the actions of public powers. The Constitution prevails over all other laws. Other laws develop from the Constitution, and both citizens and public authorities are subject to it.
2. International Treaties
Treaties that Spain validly celebrates become part of the Spanish legal system after being approved and published in the Official State Gazette (BOE). Treaties are only valid if they are subject to the provisions of the Constitution.
3. Organic Laws
These are laws regulating the development of fundamental rights and freedoms, approving the general electoral system, and those provided for in the Constitution. To be amended or repealed, they require an absolute majority in Congress, which means 176 affirmative votes.
4. Ordinary Laws
These are all laws that are not organic and are approved by the Courts with a simple majority.
5. Royal Decree-Laws
These are rules passed by the government in cases of extraordinary and urgent necessity.
6. Legislative Decrees
These are dictated by the government with prior authorization from the Courts. They can be articulated or consolidated texts.
7. Regulations
These are rules of a lower rank dictated by state bodies and local authorities.
8. Rules of Autonomous Communities
These have the same hierarchy as state laws.
Advertising of the Rules
The rules come into force twenty days after their full publication in the BOE. This period can be shortened, resulting in immediate or deferred effectiveness.
State Institutions
- Crown: Spain’s political system is a parliamentary monarchy. The King is a head of state who has inherited his position and reigns for life.
- Parliament: Elected by the Spanish people through universal, free, equal, direct, and secret suffrage. It is formed by:
- Congress of Deputies: Composed of 350 deputies elected every four years by universal, free, equal, direct, and secret suffrage. Its functions include drafting and approving laws, voting on the investiture of the government president, motions of censure, and questions of confidence in the executive.
- Senate: The chamber of territorial representation, consisting of 259 senators elected every four years.
- Government: Exercises executive power, directing domestic and foreign policy, civil administration, and military defense. It exercises executive powers in accordance with the Constitution and laws.
- Judiciary: Administers justice in the name of the King. Judges and magistrates are independent, irremovable, responsible, and subject only to the rule of law.
- General Council of the Judiciary: The self-governing body of the judicial power. It is responsible for inspecting and applying disciplinary measures to judges and magistrates.
- Public Prosecutor: Promotes the action of justice in defense of civil rights and the public interest while ensuring the independence of the courts. It is headed by the Attorney General of the State, appointed by the King on the proposal of the government.
- Constitutional Court: A court whose jurisdiction extends over the entire country. It ensures proper compliance with the Constitution and exercises constitutional justice. Its main functions are:
- To rule on resources and questions of unconstitutionality, determining whether a law is contrary to the provisions of the Constitution.
- To resolve appeals when authorities have violated constitutional rights and freedoms.
- To resolve conflicts of competence between the state and autonomous regions or among the autonomous regions themselves.