The Pyramid of Norms
A legal system is not a heap of rules but a hierarchy — every norm has a rank, and rank decides collisions. In the Spanish system, top to bottom:
- The Constitution: the supreme norm. Everything below must conform to it; a court can strike down any rule that doesn't.
- International treaties: once published in Spain, they sit above ordinary laws.
- Laws (leyes): passed by Parliament. Organic laws (fundamental rights, key institutions) require an absolute majority; ordinary laws a simple one.
- Norms with the force of law: the government's decree-laws (urgent measures, later ratified by Parliament) and legislative decrees (drafted under parliamentary delegation).
- Regulations (reglamentos): rules issued by the executive — royal decrees, ministerial orders — to implement and detail the laws. A regulation can never contradict the law it develops.
- Custom: applies only where no written rule exists, and must be proved.
- General principles of law: good faith, no unjust enrichment — the system's safety net, informing everything above.
Two working rules:
Key rule: Higher rank beats lower rank. Key rule: A norm can only be changed by another norm of equal or higher rank.
For a business this is daily bread: a ministerial order cannot impose what a statute forbids, and a contract clause cannot override a mandatory law. Knowing which rule wins is the first legal skill.
The pyramid, top to bottom
| Rank | Norm | Who makes it |
|---|---|---|
| 1 | Constitution | Constituent power |
| 2 | International treaties | Ratified and published |
| 3 | Laws (organic / ordinary) | Parliament |
| 3 | Decree-laws, legislative decrees | Government, with force of law |
| 4 | Regulations | Executive |
Common pitfall: Mixing up the two government norms. A decree-law answers urgency and must be ratified by Parliament afterwards; a legislative decree executes a delegation Parliament granted beforehand. Same rank, opposite timing of parliamentary control.
When Rules Collide
Real legal work starts where norms conflict. Three classical criteria resolve collisions — applied in strict order.
1. Hierarchy (lex superior): a higher-rank norm always defeats a lower one. A regulation contradicting a statute isn't "an alternative view" — it is void. Courts must disapply it, and the affected business can challenge it.
2. Specialty (lex specialis): between norms of the same rank, the more specific rule beats the more general one. The Commercial Code's rules on commercial sales displace the Civil Code's general sales rules — not because they outrank them, but because they are tailored to the case.
3. Time (lex posterior): between norms of the same rank and the same specificity, the later rule prevails — a new law tacitly repeals whatever in the old one it contradicts.
Resolution order: hierarchy → specialty → time.
The order matters. A later regulation does not beat an earlier statute (time never overrides hierarchy). An older special law can survive a newer general one — the classic exam trap: repeal by a general law is not presumed for special regimes.
Where businesses feel it:
- A ministerial order tightening deadlines beyond what the tax law allows → void for breach of hierarchy.
- Consumer rules vs general contract rules → specialty: the consumer regime wins for consumer contracts.
- Two successive VAT reforms → the later one governs, no explicit repeal needed.
The pyramid tells you who wins; these three criteria tell you how to argue it.
The three collision rules
| Criterion | Latin tag | Wins when |
|---|---|---|
| Hierarchy | lex superior | Ranks differ — higher rank always prevails |
| Specialty | lex specialis | Same rank — tailored rule beats general rule |
| Time | lex posterior | Same rank and specificity — later rule prevails |
Tip: Apply the criteria in strict order and stop at the first that decides. Time never beats hierarchy: a brand-new regulation still loses to an old statute.