Notes, summaries, assignments, exams, and exercises for Law for Baccalaureate

Institutionalized Repression: The Instruments of Control

During the Civil War, the rebels expressed their determination to eliminate all those who opposed the military uprising, labeling them enemies of Spain. The insurgents unleashed indiscriminate violence against Republicans. The end of the conflict did not bring an end to this violence; instead, it led to the institutionalization of repression through a series of new laws.

Legislative Framework of Repression

• Law of Political Responsibilities (1939): Sought the total clearance of persons who had collaborated with the Republic.
• Suppression of Communism and Masonry Act (1940): Further expanded the scope of persecution.

The army served as the primary arm of these repressive policies until 1963,...

Historical Context of Spanish Disentailment

Disentailment had been occurring since the Middle Ages, mainly through concessions to the nobility, the church, and the municipalities. Since the 18th century, disentailment measures were taken, and the Cortes of Cádiz acted in the same line. The seizure led to the conversion of 'dead hands' goods into private property.

The Two Phases Under Isabella II

In the times of Isabella II, the disentailment was faced in two phases:

Phase One: Ecclesiastical Disentailment

This was ordered by Álvarez Mendizábal (1836) regarding the assets of the regular clergy and Espartero (1841), which extended to the secular clergy. With this dual operation, a very important lot of farmsteads and urban properties passed into...

The Spanish Constitution of 1978

The Spanish Constitution of 1978 holds significant historical and legal importance. It was created through a collective effort, requiring the support of the people, the King, and the Cortes. It is addressed to all inhabitants of Spain and covers a national scope.

The primary objective was to establish a new political framework in Spain based on democratic principles, effectively ending 40 years of dictatorship.

Classification of Articles

The articles within the text can be classified as follows:

• Articles 1, 2, and 6 (Preliminary Title): Define the state model and the underlying principles of the rule of law, attributing national sovereignty to the Spanish people and establishing the right to political pluralism through

Item 6: The Election Campaign

Throughout the election campaign, each candidate outlined his merits and demerits in contrast to others to obtain the vote of the electors.

The LOREG defined in Article 50.2 the election campaign as all lawful activities undertaken by candidates, parties, federations, coalitions, or groups of voters in order to capture votes. It lasts for 15 days, ending at zero hours of the day immediately preceding the vote, without proper acts that can be considered electoral campaign until the thirty-eighth [Note: The original text seems to have an unclear ending here; assuming the 15-day period is the key constraint].

A) The Definition of Electoral Campaign

The placement of posters can only be considered part of the campaign if...

Modification of Laws of October 25, 1839

Navarre

The Navarre Commission consulted the government and courts. The Treaty Law (1841) retained its civil law and maintained self-government in fiscal and military matters.

Basque Provinces

The Basque Provinces did not attend the consultations. In 1841, moderate Basque deputations supported a finding that failed, leading Espartero to decree the abolition of privileges. In 1844, there was a partial restoration of privileges (moderate) because the earlier decree was intended as punishment to prevent discontent and curb the radicalism of the progressives.

• Restored juntas and county councils, but with fewer powers.
• Restricted the political powers of the chief (mayor).
• Customs and rural transit duties were not

Constitución de 1812: Características

• División de poderes:
  • Poder Ejecutivo: Recae en el rey y sus ministros, con poderes limitados. El rey tiene Cortes. El gobierno por el Directorio participa en la elaboración de leyes.
  • Poder Legislativo: Recae en unas Cortes unicamerales, elegidas cada dos años por sufragio universal.
  • Poder Judicial: Los tribunales ejercen este poder.
• Amplia declaración de derechos y libertades: igualdad ante la ley, inviolabilidad del domicilio, libertad de imprenta, libertad de expresión, etc.
• Religión de Estado: La religión católica es la oficial y el Estado se compromete a mantenerla.
• Forma de gobierno: Monarquía constitucional.
• Funciones de las Cortes: Elaboración de leyes, votación de presupuestos, intervienen

Real Precautionary Measures in Criminal Proceedings

Real precautionary measures are economic safeguards designed to secure the corpus delicti (body of the crime) and potential civil liabilities stemming from the commission of criminal offenses. These measures can be levied on both real and personal property.

The Criminal Procedure Code (CPP) typically places no limitations on the types of property or assets that may be subject to these measures. They apply to anything relevant to the offense, regardless of its location, provided it relates directly to the crime. Essentially, they serve as security and conservation measures for properties and items that will later be assessed by the court.

Seizure of Property and Assets

Seizure of things and property...

Non-Custodial Protective Measures in Criminal Law

These protective measures differ significantly from detention and probation. They are levied on legal interests that do not affect the freedom of movement, yet they are distinct from punitive measures, involving different legal goods and interests.

Temporary Deprivation of Driving License

Once the court has filed a complaint against an individual for acts committed in connection with the driving of motor vehicles, the judge may, at their discretion, order the provisional deprivation of the driving license for such vehicles, especially if the accused is on conditional release status.

This measure must be reported to the Department of Traffic, which issued the license, ensuring that no replacement...

Ancient vs. Modern Concepts of Freedom

Ancient Freedom: Historically, freedom meant the right to participate in public affairs. This concept was restricted to citizens, excluding women, slaves, and individuals under the age of 30.

Modern Freedom: In the modern era, freedom is defined by rights that society must respect. These include:

• Freedom of expression
• Religious freedom
• The right to elect representatives

Modern freedom is not defined by public participation, but by the protection of private life and individual rights.

Positive and Negative Freedom

• Positive Freedom: The individual maintains control over their own life and choices.
• Negative Freedom: The absence of interference or hindrance by others.

Possessive Individualism

This theory posits that...

The Path to Spanish Democracy

The opposition called for abstention during the referendum held to approve legislation for universal suffrage. This marked the beginning of the legalization of political parties and unions, as well as the dismantling of key Francoist institutions, which unfortunately triggered an outbreak of ultra-right violence, terrorist activity, and unrest from groups like ETA.

Political Consolidation and Legalization

A primary necessity for stabilizing the nation was the legalization of the Communist Party (PCE), which faced significant resistance from the military and the "bunker" (hardline Francoists). It was finally legalized in 1977.

• UCD (Union of the Democratic Centre): Led by Adolfo Suárez, this coalition brought together