Practice question · Multiple choice
Why is the relation between a ley orgánica and a ley ordinaria described as one of competence rather than of hierarchy?
Hints
- Ask what happens when an organic statute strays outside its reserved matters.
- The excess is treated as ordinary legislation, which would be impossible if rank were the relation.
Show the answer
C. They occupy the same rank, and what separates them is the subject matter each may regulate
Why
Because they sit on the same rung. The organic statute is reserved to particular matters and needs an absolute majority of the Congress; stray outside those matters and the surplus is simply treated as ordinary legislation. If the relation were hierarchical, the surplus would be valid and superior instead of demoted.
Practise Sources of Law and the Legal Order
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