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Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national.
An Organic Law (Spanish: Ley Orgánica) in Spanish law refers to a law related to fundamental rights and freedoms and important institutional areas as defined by the Constitution (including inter alia, statutes of autonomy, referendums and electoral processes, functioning and organisation of the Constitutional Tribunal, the organisation of the military and the succession of the throne).
The California State Legislature was so upset with an appellate ruling in one such case in 2024—involving deference to Spanish law over California law—that it enacted an urgency statute which expressly overrides California's governmental interest test for resolving a conflict of laws in the specific context of "art or personal property ...
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 Criminal Code is a fundamental law of the Spanish criminal law, because it is a limit to the ius puniendi (or «right to punish») of the State. The Code was enacted by the Spanish Parliament on 8 November 1995 [1] and it was published in the Official State Gazette (BOE) on 23 November. [2] The Code is in force since 25 May 1996. [2]
A Royal Legislative Decree is a legal rule having the force of a law in the Spanish legal system.The name of "Royal" is given because it has state rank and it is the King who is responsible for sanctioning and ordering the publication and compliance of the rule and the name of "Legislative" is given because it is a delegation from parliament.
The Spanish Constitution is one of the few Bill of Rights that has legal provisions for social rights, including the definition of Spain itself as a "Social and Democratic State, subject to the rule of law" (Spanish: Estado social y democrático de derecho) in its preliminary title. However, those rights are not at the same level of protection ...
The Indian Cause in the Spanish Laws of the Indies: With an Introduction and the First English Translation of Book VI, Concerning the Indians, from the Recopilación de leyes de los reinos de las Indias, Madrid, 1681. Salt Lake City: American West Center, University of Utah, 1980. Tyler, S. Lyman.