Practice question · Select all that apply
Which are requirements of the Estado de Derecho on the classic Spanish definition?
Hints
- Three of the four are on the classic list; the fourth describes a feature of one particular constitution.
- The fourth requirement on the list is about fundamental rights, not about economic principles.
Show the answer
- A. Statute as the expression of the general will rather than of the ruler's will
- B. Separation of the organ that makes norms from the organ that applies them
- C. Administrative action subject to legality and to review
Why
The fourth entry describes a drafting choice in the Spanish constitutional text, not a condition of the concept. The missing requirement is fundamental rights, effectively guaranteed: the one Elías Díaz insisted on in 1966 precisely because a regime can satisfy the first three and remain a dictatorship with tidy paperwork.
Practise The State, Legality and Legitimacy
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