Understanding the Sources and Structure of Spanish Law

Sources of Law

When discussing the sources of law, we refer to the origin of legal authority, where laws come from, and how they manifest. A source of law is the law itself.

Direct Sources

• Laws and standards: Issued by the legislative or executive branches.
• Customary law: Established social practices.
• General principles of law: Fundamental legal concepts.

Indirect Sources

• International treaties: Agreements concluded between Spain and other states or international bodies (e.g., conventions, protocols).
• Jurisprudence: Criteria consistently expressed by the Supreme Court in its judgments.

Definitions and Legal Concepts

The Law: A rule issued by a competent authority with due formalities, which is unexceptional, stable, and sufficiently promulgated.

Customary Law: A standard of conduct born of repeated and constant social practice, viewed as mandatory by the community.

General Legal Principles: Ideas and grounds that, even if unwritten, form the basis of the legal system and inspire the development of legislation.

Institutional Framework

Spanish Constitution: The fundamental law that prevails over all others; the rest of the legal system must be developed from it.

The King: Head of State, responsible for arbitrating and moderating the functioning of institutions and representing the Spanish State.

General Courts

Representing the Spanish people, they exercise legislative power, approve budgets, and monitor government actions.

• Congress of Deputies: Consists of 350 members elected every 4 years by universal suffrage. Its function is the development and adoption of laws.
• Senate: The chamber of territorial representation, composed of 259 senators.

Legal Terminology

• Amnesty: A general pardon.
• Pardon: Forgiving an individual for a specific act.
• Salic Law: A rule of French origin where men have preference over women in the line of succession to the crown.
• Abdication: The act of giving up the crown.
• Inviolability: A right ensuring that Members of Parliament cannot be subject to repression, control, or prosecution.
• Immunity: A privilege related to the function of the individual.
• Ombudsman (Defensor del Pueblo): An official who investigates complaints from citizens regarding the administration or the violation of their rights.