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The Spanish legal system is a civil law system based on comprehensive legal codes and laws rooted in Roman law, as opposed to common law, which is based on precedent court rulings. Operation of the Spanish judiciary is regulated by Organic Law 6/1985 of Judicial Power, Law 1/2000 of Civil Judgement, Law of September 14 1882 on Criminal ...
1. In French-law-based systems, refers to the legal operation, activity, or fact embodied or memorialized by a legal instrument (as opposed to the instrument itself, known as an instrumentum); 2. In German-law-based systems, refers to a transactional act, the main sub-type of legal acts. See also actus iuridicus.
The Constitutional Court (Spanish: Tribunal Constitucional) [n. 1] is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX [2] (sections 159 through 165) of the Constitution of Spain, and ...
In most legal systems of the Spanish-speaking world, the writ of amparo (" writ of protection"; also called recurso de amparo, "appeal for protection", or juicio de amparo, "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdictions. [1] The amparo remedy or action is an effective and ...
The superior courts of justice (Spanish: Tribunales Superiores de Justicia), or high courts of justice, are courts within the judicial system of Spain, whose territorial scope covers an autonomous community, as laid down in the Organic Law of Judicial Power (Ley Orgánica del Poder Judicial). The Spanish Constitution of 1978 defined the ...
Cortes Generales. The Cortes Generales (Spanish pronunciation: [ˈkoɾtes xeneˈɾales]; English: Spanish Parliament, lit. 'General Courts') are the bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house) and the Senate (the upper house). The Congress of Deputies meets in the Palacio de las Cortes.
The General Council of the Judiciary (Spanish: 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).
Supreme Court decisions may, exceptionally, be overruled by the Constitutional Court if there has been an infringement of rights and freedoms of citizens embodied in the Spanish Constitution of 1978 – articles 14 to 29 and 30.2, regarding Fundamental Rights– or by decisions emanating from the European Court of Human Rights since Spain is a ...