Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

The Spanish Constitution of 1812 (The Cádiz Constitution)

This legal text refers to the Constitution promulgated by the Cortes in Cádiz in April 1812. It is widely considered the first Spanish Constitution, predating the Bayonne Statute, which was an imposed charter.

Historical Context

Following the War of Independence in 1808, local and provincial boards began organizing resistance against the French invaders. These boards eventually grouped into a Supreme Junta, first in Seville and later in Cádiz, where elections were held for the Cortes. The resulting assembly was dominated by liberal delegates.

Core Principles of the 1812 Constitution

The comprehensive text established several foundational liberal ideas:

• National Sovereignty: Sovereignty

Understanding the Administrado: Recipient of Powers

The administrado (managed) is the recipient of the exercise of administrative powers. In active situations, this involves individual rights, legitimate interest, and simple interest. In passive situations, it entails duties, obligations, and burdens.

Capacity to Act in Administrative Law

The capacity to act in administrative law refers to the fitness to effectively exercise the rights and duties arising from administrative legal relationships. This is distinct from merely possessing rights, which vary by rule. Factors that may influence or differentiate the capacity to act include:

• Younger age
• Nationality
• Criminal conviction
• Administrative penalty

Administrative Silence: A Legal Fiction

Administrative... Continue reading "Key Concepts in Administrative Law: Acts, Procedures, and Recourse" »

**Adolfo Suárez's Government: A New Era for Spain**

Political Reform (1976-1977)

Adolfo Suárez faced two major challenges upon assuming leadership. The first was political reform. The pivotal *Law for Political Reform*, amending Franco's legislation, established a bicameral Parliament with members elected by universal suffrage. Passed in 1976, this law paved the way for democratic elections. With the support of the opposition, Suárez succeeded in legalizing all political parties and trade unions. The June 1977 elections resulted in a majority for the Union of the Democratic Centre (UCD), Suárez's party.

Measures Against the Crisis

The UCD government proposed a policy of consensus, culminating in the signing of the *Moncloa Pacts* in 1977. These... Continue reading "Adolfo Suárez's Government & Spain's Transition to Democracy" »

Criminal Offenses Against Worker Rights

Illegal Migration Promotion (Art. 313)

Promoting or encouraging illegal migration within the European Union or facilitating the illegal entry of sufficient workers into Spain constitutes a crime.

Consummation: This offense does not require merely the result of the activity; the act of promotion or encouragement is sufficient.

Employment Discrimination (Art. 314)

This offense punishes discrimination in employment, referencing Article 14 of the Spanish Constitution. Examples include discrimination based on sex or ethnicity.

• Active Subject: The employer and those making decisions for the company.
• Passive Subject (Taxpayer): Workers who are discriminated against.
• Conduct: Causing serious discrimination in employment

- SENT TO CONGRESS FOR APPROVAL: What can Congress do with the decree law?

• Validated for the vote, it was ratified in favor, and the decree law is validated.

The government has a parliamentary majority; the decree law dictates knowing it has support in Parliament and therefore enters into force and is validated. The decree law was provisional and, subject to 30 days, becomes a final rule without changing its nature; it becomes law and is part of finalizing the OJ.

• Congress does not agree to derogation; the rate is negative because the decree cannot remain in force. The interim rule loses its validity and is repealed. Repeal would entail extraordinary problems, as it would be in force from 1 to 30 days maximum, and then would have been rejected

Credit Instruments

The instruments most commonly used in exchanges between companies are the bill of exchange, checks, and promissory notes.

Bill of Exchange

A bill of exchange is a commercial document whereby a person, the drawer, orders another, the drawee, to pay a certain amount of money on a particular date. The payment of the bill of exchange can be made to the drawer or a third party called the beneficiary, payee, or holder, to whom the drawer has sent or endorsed the bill of exchange.

• The drawer: Is the person who is a creditor of the debt and who issues the bill of exchange.
• The drawee: Is the debtor who must pay the bill of exchange. The drawee may accept or reject the payment order given by the drawer, and if they accept it, they are

The American Revolution: Birth of a Nation

The American Revolution was a conflict between thirteen British colonies in North America and Great Britain between 1775 and 1783. From this process, a new nation emerged. The new state that emerged from the revolution settled on a set of values and institutions inspired by liberal thought. According to them, at birth, anyone has a series of guaranteed natural, individual, and transferable rights: life, liberty, equality, property, the right to overthrow an unjust government, legal defense, and freedom of expression, association, and the press. These rights were enshrined early in the Declaration of Independence (Philadelphia, July 4, 1776), written by Thomas Jefferson, and the Virginia Declaration... Continue reading "American Revolution: Birth of a Nation & Its Constitution" »

Conflict Between Treaties and Domestic Law

What happens internally if there is a conflict between a duly incorporated international treaty and a contrary national law? Which ultimately prevails?

Distinguishing Two Situations of Conflict

We must distinguish two primary situations regarding the timing of enactment:

1. The Treaty is Later than the Law: In this case, it is generally recognized that the treaty takes precedence. Since the treaty often has the same force as a law, the principle of lex posterior derogat priori (a later law repeals an earlier one) applies, especially since treaties often contain special rules that apply preferentially.
2. The Law is Later than the Treaty: In this scenario, efforts must be made to avoid conflict. The national law

Item 4 - Politics: The Art of Directing and Organizing the State

Politics is the art of directing and organizing the polis (the state).

• Rules: They seek to regulate the behavior of human freedom to achieve certain values.
• Institution: Systems organized in society, permanently, which aim to meet certain needs. Examples of institutions are the institution of marriage, unions, etc. Institutions are regulated in turn by norms.
• State and Types: Partnerships with institutions that manage political power. There are three types: slave, feudal, and modern.
• Modern State: It can be defined as a social institution with universal jurisdiction. It is a source of legality, has a monopoly of coercive power, and is sovereign.
• Absolutism: A government system in which