Spanish Constitutional Law and Legislative Hierarchy

School of Law: The Spanish Constitutional Framework

Articles 81 to 92 of the Spanish Constitution establish that the Constitution is the supreme rule of the legal system. It binds all judges and courts, who must interpret and apply laws and regulations according to constitutional precepts and principles, following the interpretations provided by the Constitutional Court in all relevant processes.

Types of Laws in the Spanish Legal System

Organic Laws

Organic laws are those relating to the development of fundamental rights and civil liberties. They include the approval of Statutes of Autonomy, the General Electoral Law, and other matters specifically envisioned by the Constitution. The approval, amendment, or repeal of organic laws requires an absolute majority of the Congress of Deputies in a final vote on the entire bill.

Ordinary Laws

Ordinary laws are enacted for matters not reserved for organic laws. The procedure for their enactment is governed by Articles 89 to 91 of the Constitution.

Delegated Laws

Delegated laws are issued by the Government when the General Courts delegate the authority to create rules with the force of law. This delegation is restricted to specific matters and cannot include those reserved for organic laws. This legislative delegation occurs through two procedures:

• The framework law (ley de bases).
• The technique of consolidated texts, authorized via an ordinary law.

Application of Legal Rules in Space

Positive human law is subject to two primary limitations: space and time. Laws apply only within a specific territory and during a specific period. To regulate spatial limitations, the legal system follows one of these principles:

• Territorial Principle: The law governs within the sovereign territory and is imposed on both domestic citizens and foreigners.
• Personal Principle: Laws apply only to the citizens of the nation that issued them, accompanying the citizen both inside and outside the country.

Under the personal principle, a Spanish citizen would always be subject to Spanish law, while a foreigner would be subject to their own national law. Conversely, under the territorial criterion, Spanish law applies to everyone on Spanish soil. These principles can be contradictory and must be carefully harmonized within the legal framework.