Decree-Law

The law (in Latin, lex, legis) is a legal norm dictated by the legislator, that is, a precept established by the competent authority, in which something is commanded or prohibited in accordance with justice, the non-compliance with which leads to a sanction.[1] Laws are delimiters of free will within society.

Laws are delimiters of the free will of individuals within society. It can be said that the law is the external control that exists for human conduct, the rules that govern our social behavior. It constitutes one of the main sources of law.[citation needed].

They are legal norms with the rank of law issued by the Government on certain matters. They are not properly laws, although they have all the effects of these, since they have value, rank and force of law. Among them we find the:

What is delegated legislation?

[DCon] Rules with the rank of law issued by the Government on certain matters when expressly authorized by Parliament. Commonly referred to as “Legislative Decree”.

What is organic and ordinary law?

Organic laws have competence for specific matters and ordinary laws for all other matters. They cannot intersect with each other. What can happen is that the organic law regulates matters that are proper to it and also others: these extremes can be modified or repealed by ordinary law.

How many chapters are there in Title 3 of the Constitution?

Title III of the Spanish Constitution, under the heading “De las Cortes Generales”, contains Articles 66 to 96, divided into 3 chapters, which establish the provisions referring to the Chambers, the preparation of laws and International Treaties.

Read more  How is a conciliation officer appointed?

Article 94 of the Spanish Constitution

These are normal or typical laws, which are enacted in matters not reserved to organic laws, without special requirements for their elaboration, and which are approved by a simple majority of the members of the Congress and the Senate.

CONCEPT. With respect to matters that are considered especially transcendental, the Constitution -art. 81.1- requires that organic laws be passed with the imposition of a special majority -art. 81.2- in order to be approved.

Traditionally, an organic law has been known as that which has as its object the organization of the basic institutions of the State (1) or that responds to the idea of a normative development of the Constitution(2).

With respect to ordinary laws, it cannot be said that the organic law takes precedence, but rather that it has a different scope. That is to say, they are not related by the principle of hierarchical organization, but by that of competence(3). Organic laws have competence for specific matters and ordinary laws for all others. They cannot intersect with each other. What can happen is that the organic law regulates matters that are proper to it and also others: these extremes can be modified or repealed by ordinary law.

Who interprets the law?

Formally, the Federal Constitution grants the Congress of the Union the exclusive power to interpret the laws, since according to the provisions of Article 72(f) of the Constitution: In the interpretation, amendment or repeal of laws or decrees, the same procedures established for their …

What are government provisions containing delegated legislation called?

Article 85. The provisions of the Government containing delegated legislation shall be entitled Legislative Decrees.

How many laws exist in the country of Mexico?

The updated texts of the Political Constitution and the 231 Federal Laws in force.

Read more  Is there a movie called Itty Bitty Titty Committee?

Spanish Constitution

Legislative delegation is the exceptional and limited authorization that Congress may grant to the Executive Branch so that it may temporarily exercise some of the legislative powers that the Constitution grants to the Legislative Branch. The Congress retains the ownership of the delegated legislative power, may exercise it while the term of the delegation elapses and may even resume it in advance by repealing the law by which it was granted.

The legislative delegation constitutes an exception to the principle of division of powers and to the subprinciple of “functional correctness”, which establishes that the powers granted by the national constitution to each of the organs of government may only be exercised by them and not by the others.

Through the legislative delegation, the possibility of replacing the complex ordinary procedure for the enactment of laws by the Congress, provided for in Articles 77-84, by a much simpler one, which only requires the concurrent decision of the President and the Chief of the Cabinet of Ministers, is enabled. The rationale that has been put forward to constitutionally allow the legislative delegation is that the normative demand required for the proper functioning of contemporary political systems cannot be adequately met by the ordinary procedure for the enactment of laws, given the amount and technical complexity, and the speed of regulatory response that is necessary for the effective development of political life in our days ([2]).

How many laws are there in the Constitution?

It contains 136 articles and 19 transitory articles, distributed in nine titles: Title One. Chapter I. On Human Rights and their Guarantees.

What does the Organic Law mean?

Organic Law. A legal order whose purpose is to specify the bases of organization and operation of an institution derived from the three branches of government.

What does an organic law do?

Organic laws are general rules that fully cover the regulation of a subject, they do not go into details, but rather design the guidelines for the ordinary legislator to develop certain topics in the future.

Read more  How important is delegation of authority?

Organic Law

Law – Decree – Administrative Decision – Resolution – Provision – Agreed – Act – Act Agreement – Proceeding – Agreement – Regulatory Agreement – Circular – General Circular – Communication – Communiqué – Joint Communiqué – Agreement – Collective Labor Agreement – Decision – Declaration – Decree Law – Opinion – Directive – Statute – Arbitral Award – Report – Instruction – Interpretation – Award – Memorandum – Mission – Note – External Note – Ordinance – General Ordinance – Protocol – Recommendation – Regulation – Regulation – General Resolution.

HERRERA, Marisa – CARAMELO, Gustavo – PICASSO, Sebastián (2015), Código Civil y Comercial de la Nación. Annotated. Marisa Herrera – Gustavo Caramelo – Sebastián Picasso (Directors). Buenos Aires: Infojus – Argentine Legal Information System.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.