Post by account_disabled on Mar 9, 2024 0:55:45 GMT -4
The rank of laws must be understood through the principle of normative hierarchy, which translates into a legal principle by which the laws and norms that make up a legal system are ordered through a system of superiority and priority. This means that there are norms whose content prevails over others, which allows that, in the event of a discrepancy in normative criteria, the highest-ranking norm is applied, as established by the Constitutional Court in its ruling 17/1981. of June 1, pointing out that "the strict application of the principle of hierarchy would allow the judge to resolve the dilemma in which the possible contradiction between the Constitution and the law would place him with the simple application of the latter, but this would have implied subjecting the work of the legislator to the perhaps diverse criteria of a large number of judicial bodies, which could result, among other things, in a high degree of legal uncertainty.
The constituent has preferred, to avoid this, to remove from the ordinary judge the possibility of disapplying the law that emanates from the constituted legislator, although not the possibility of questioning its constitutionality before this Court, which, in a certain sense, is thus, not only defender of the Constitution. , but also defender of the law. It is also a principle that is guaranteed by the Spanish Constitution (hereinafter CE), in its article What would be British Student Phone Number List determining aspect within the normative hierarchy? Within the normative hierarchy or the range of laws , one of the determining aspects is (normative) dependency, in the sense that the validity of some legal norms depends on others, therefore, a norm is hierarchically superior to another, when the validity of the latter depends on the former, so that the lower norm must comply with the higher one. The above can be observed in article 1 of the Royal Decree of July 24, 1889 by which the Civil Code is published (hereinafter Civil Code) when reference is made to the sources of the Spanish legal system and its order of preference.
When it mentions in its article 1.2 that, “ provisions that contradict another of higher rank will be void.” III. Characteristic aspects of the hierarchy of laws As has been observed, the range of laws is strictly linked to the principle of normative hierarchy, but in addition, there are other legal principles that are decisive when referring to the range of laws , thus marking their characteristic aspects. In that sense: In no case can a lower-ranking norm contradict the content provided in a higher-ranking norm (principle of prevalence). Depending on the rank held by a norm issued later, it may repeal the one issued previously, as long as they are within the same level or normative range (principle of temporality). When there is a legal figure in a legal system that is not regulated in a clear and precise manner, another body of laws can be used to determine its particularities (principle of suppletority). IV. Legal hierarchy of laws in Spain The range of Laws within the Spanish legal system is organized through a pyramidal structure of immovable hierarchy with an order of priority between them, as follows: Spanish Constitution of 1978.
The constituent has preferred, to avoid this, to remove from the ordinary judge the possibility of disapplying the law that emanates from the constituted legislator, although not the possibility of questioning its constitutionality before this Court, which, in a certain sense, is thus, not only defender of the Constitution. , but also defender of the law. It is also a principle that is guaranteed by the Spanish Constitution (hereinafter CE), in its article What would be British Student Phone Number List determining aspect within the normative hierarchy? Within the normative hierarchy or the range of laws , one of the determining aspects is (normative) dependency, in the sense that the validity of some legal norms depends on others, therefore, a norm is hierarchically superior to another, when the validity of the latter depends on the former, so that the lower norm must comply with the higher one. The above can be observed in article 1 of the Royal Decree of July 24, 1889 by which the Civil Code is published (hereinafter Civil Code) when reference is made to the sources of the Spanish legal system and its order of preference.
When it mentions in its article 1.2 that, “ provisions that contradict another of higher rank will be void.” III. Characteristic aspects of the hierarchy of laws As has been observed, the range of laws is strictly linked to the principle of normative hierarchy, but in addition, there are other legal principles that are decisive when referring to the range of laws , thus marking their characteristic aspects. In that sense: In no case can a lower-ranking norm contradict the content provided in a higher-ranking norm (principle of prevalence). Depending on the rank held by a norm issued later, it may repeal the one issued previously, as long as they are within the same level or normative range (principle of temporality). When there is a legal figure in a legal system that is not regulated in a clear and precise manner, another body of laws can be used to determine its particularities (principle of suppletority). IV. Legal hierarchy of laws in Spain The range of Laws within the Spanish legal system is organized through a pyramidal structure of immovable hierarchy with an order of priority between them, as follows: Spanish Constitution of 1978.