Law of Spain
Continental law system with constitutional supremacy and autonomous community legislation.
The Law of Spain is the legislation in force in the Kingdom of Spain, encompassing Spanish territory, waters, consulates, embassies, and ships flying the Spanish flag under democratically elected institutions. It follows the continental system, relying principally on laws and regulations, with judicial decisions and customs as secondary sources, and is characterized by the coexistence of national legislation with that of various autonomous communities.
- Field
- Legal system
- Nationality
- Spanish
- Known for
- Continental legal system with constitutional supremacy under the 1978 Constitution
- Governing document
- Spanish Constitution of 1978
- Supreme court
- Constitutional Court (Kelsenian model)
- Legislature
- Cortes Generales (Congress of Deputies and Senate)
Lore & Background
Spanish law is built on the principle of constitutional supremacy, with the Spanish Constitution of 1978 as the supreme law. This Constitution regulates public bodies, fundamental rights, and the competencies of autonomous communities. All laws must be compatible with the Constitution, and the Constitutional Court, following the Kelsenian model, ensures this compatibility and can declare laws null if they contravene the Constitution. Ordinary courts cannot reject laws directly but must refer questions of constitutionality to the Constitutional Court.
Reader's Guide
The Law of Spain is significant for its complex, multi-layered structure, balancing national legislation with the laws of autonomous communities. The 1978 Constitution serves as the foundational document, establishing a separation of functions rather than a strict separation of powers. The Constitutional Court plays a pivotal role in maintaining constitutional order, resolving conflicts over competencies between the state, autonomous communities, and local authorities. The hierarchy of laws places the Constitution at the top, followed by international treaties, organic and ordinary laws, and executive regulations. European Community law is also applicable, with treaties holding primacy over national laws, though the Constitution was amended in the one instance of conflict. This system reflects a blend of continental legal tradition and modern democratic governance, with a strong emphasis on judicial review and the protection of fundamental rights.
Did You Know?
- The Spanish Constitution of 1978 is the supreme law and enjoys material supremacy over all other laws.
- The Constitutional Court follows the Kelsenian (Austrian) model and is the only body that can reject laws as unconstitutional.
- Sources of law in Spain are, in order: law, usage, general principles of law, and jurisprudence (a secondary source).
- European Community law is directly applicable in Spain, and treaties are given primacy over national laws in case of conflict.
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