Norma Con Fuerza Legal

Sumilla: Article 51 of the Constitution, which establishes the principle of normative hierarchy and normative primacy of the Constitution, provides that the Constitution takes precedence over all legal norms, and the law over the norms of the lower hierarchy, etc. A rule of law is a mandate or rule to guide the conduct of society. In particular, the rule of law confers rights and obligations on individuals in society. Any legal rule must be respected by individuals, as it can result in sanctions in case of violation. When governments are accused of abusing this legal norm, they usually justify it by saying that they must take urgent action at the beginning of their government to meet the political goals and needs of the state. This is due to the fact that it is not possible to find a solution to a particular situation in time according to the procedure provided for by law. It is subject to constitutional review and there are various things that are excluded from the regulations by the legislative decree. In Spain, the adoption of this type of regulation has almost always been accompanied by controversy. The practice of successive governments since 1978 shows that all have abused this instrument rather than using it, in particular because they have interpreted this “extraordinary and urgent need” very broadly (without the Constitutional Court raising many objections). Currently, the latest legislative decree has been adopted, Royal Legislative Decree 10/2018, of August 24, which amends Law 52/2007, of December 26, for the exhumation of Franco from the Valley of the Dead. Previously, Royal Legislative Decree 9/2018 of 3. It was adopted in August on urgent measures to develop the State Pact against Gender-Based Violence.

BOE, No. 188 of August 4, 2018 has caused significant doses of discomfort in various civic and social sectors, especially because it is “exhausted” and removes from the debate an issue of such great importance for the whole of Spanish society. During the reign of Pedro Sánchez governor until August 31, seven legislative decrees were issued. With regard to the decree-law, the Board of Directors may issue provisional provisions having the force of law which may affect the reform of the statutes only in case of extraordinary and urgent necessity; the regulation and determination of the seat or seats of the fundamental institutions of the Community; for the choice, budgetary, fiscal and rights provided for by this Statute. Nor can Decreto-Lei be used to regulate matters in which the law expressly requires the approval of a judicial law. The expression “having the force of law” or “material force of law” means that a normative act that is not formally a law because it has not been promulgated by Congress nevertheless has the same hierarchical rank of laws because of the source system developed in the Charter and can therefore be repealed. The legislative decree is a norm with the force of law and is administered by the government by virtue of the normative delegation made by the Cortes Generales in its favour (Article 82 of the Spanish Constitution). Legal norms form like a law that they are the legal order of a territory.

Therefore, the rule of law can be an obligation or a prohibition. For example, no smoking in the hospital. It should be recalled that the Legal Spanish Dictionary of the RAE and the CGPJ guarantees that the law is the “norm dictated by the Cortes or the Parliament, approved under this name and in which is followed the legislative procedure established by the regulations of the Chambers, which contains the mandates and occupies a position at the hierarchical level, which is inferior to the Constitution but superior to other norms”. The number that is usually the most controversial is the legislative decree (Art. 86 AD). The decree-law is a norm that can be promulgated by the government of the nation in case of exceptional and urgent need, it is called an “enabling budget” so that the government can dictate it. This budget should not be confused with exceptional situations that would apply other figures such as a state of alert, a state of emergency or a siege instead of a decree-law. Let`s do it is an insignificant tone anomaly, the norms with the rank of law are regulatory standards such as the Royal Legislative Decree and the Royal Legislative Decree. The Royal Decree-Law differs from the laws in that, in this case, they are promulgated by the government and not by the parliament. The difference between the two is that the Royal Legislative Decree is issued by the government in cases where there is an urgent need. In countries like Spain, where the governing body is the parliamentary monarchy, this rule is called royal decree-law.

Indeed, the highest regulatory standard issued by the executive branch is called the Royal Decree. Similarly, a legislative decree is the norm with a legal status dictated by the de facto government. This type of regulation can be envisaged in the Spanish legal system in order to be able to dictate in certain cases, for example for reasons of urgency. However, it requires validation by the legislator, usually within a short period of time. It is a norm with the status of law, emanating from the executive branch without the need for prior approval or intervention by Parliament or Congress. Laws may be ordinary or organic, but the Constitution recognizes the two aforementioned norms by the law of force, which are normative texts derived from the executive rather than the legislative framework, so that they cannot be officially considered laws, although they may have similar attributes in terms of normative hierarchy. – The Constitution is superior to any other legal norm. – A lower-ranking norm cannot contradict a higher-ranking standard. – a subsequent rule repeals an earlier rule of equal rank. – A special law takes precedence over a general law.

At the regional level, a large part of the statutes of autonomy now provides for the possibility for their governments to promulgate both legislative decrees and legislative decrees. Here the same thing happens as laws: we are faced with the same norm that is “only” changed at the state level in terms of concept and requirements, that they apply only to the territorial scope of each autonomy. Once validated, there is another possibility, and that is their conversion into laws. To this end, the Constitution allows it to be dealt with in the Cortes under the urgent procedure. This means that amendments can be submitted, that there is a public debate on the standard in the courts and, if possible, that there is a greater consensus on this standard, so that the result is no longer a validated legislative decree, but a law that does not have the material or formal limits of the legislative decree. In the case of Castilla y León, the Junta de Castilla y León may issue both legislative decrees and legislative decrees.