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[Sources of law].

M Gutierrez Luna1

  • 1Audiencia Provincial de Cádiz, Sección de Algeciras, Cádiz. manuel.gutierrez.ius@juntadeandalucia.es

Neurologia (Barcelona, Spain)
|February 19, 2005
PubMed
Summary

Spanish law sources include law, custom, and general legal principles, all subordinate to the Spanish Constitution. This hierarchy ensures legal order, with EU law at the apex, followed by the Constitution, statutes, and regulations.

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Area of Science:

  • Legal Studies
  • Jurisprudence
  • Comparative Law

Context:

  • The Spanish legal system is structured hierarchically, originating from the Civil Code.
  • Sources of Spanish law are defined as law, custom, and general principles.
  • The Spanish Constitution serves as the supreme law, establishing fundamental rights.

Purpose:

  • To elucidate the hierarchical structure of Spanish law.
  • To identify the primary sources of Spanish legislation.
  • To explain the supremacy of the Spanish Constitution and EU law.

Summary:

  • Spanish law derives from law, custom, and general principles, all governed by a strict hierarchy.
  • The Spanish Constitution is the supreme law, with EU law at the apex, followed by statutes and regulations.
  • International treaties, once published, are integrated into the Spanish legal framework.

Impact:

  • Provides clarity on the sources and hierarchy of Spanish law for legal professionals and academics.
  • Facilitates understanding of legal compliance and the application of statutes and regulations.
  • Highlights the foundational role of the Constitution and EU law in the Spanish legal system.

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