From a Heap of Norms to an Order
A legal system is an ordenamiento jurídico. It resolves its own conflicts through strict criteria of membership and ranking.
Article 1 of the Spanish Civil Code defines the sources:
The sources of the Spanish legal order are statute, custom and the general principles of law.
- Custom applies only without applicable statute (Art. 1.3 CC). It must respect morality and public order, and requires proof.
- General principles apply in default of statute or custom, and inform the legal Order (Art. 1.4 CC).
Case law is deliberately not on the list. Under Art. 1.6 CC, jurisprudence merely complements the system. Sources create norms; complements stabilise interpretations.
Under Art. 1.7 CC, courts have a strict duty to decide every case.
Hierarchy and Competence
Hierarchy organises norms by rank (Art. 9.3 Constitution; Art. 1.2 CC):
| Rank | Norm |
|---|---|
| 1 | The Constitution |
| 2 | Treaties |
| 3 | Statutes and equivalent acts |
| 4 | Regulations |
Competence governs subject matter, not rank.
- A ley orgánica is reserved for specific areas. A ley ordinaria governs general matters.
- A decreto-ley (Art. 86 CE) requires urgent need. The Congress of Deputies must convalidate it.
- A decreto legislativo requires prior delegation from the Cortes.
Under Article 2.1 CC, statutes enter into force twenty days after publication unless stated otherwise.
Common pitfall: ranking a ley orgánica above a ley ordinaria. They share rank 3 and differ only by competence.