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Understanding Sources of Procedural Law

Delve into the fundamental concepts shaping procedural law and how statutes, custom, general principles, and case law contribute to its legitimacy and validity. Explore the Spanish Constitution and other key legal frameworks governing the judicial process.

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Understanding Sources of Procedural Law

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  1. SOURCES OF PROCEDURAL LAW

  2. Key words: • Fundamental concepts • Legitimacy/validity legal rules • Statutes • Custom • General Principles • Case Law

  3. Meaning of Sources of Procedural Law • Foundation or fundamental concepts that allowus to judge the legitimacy and validity of legal rules that procedural law comprises. • Article 1 to 7 Civil Code: • Statutes, custom , general principles and case law.

  4. STATUTES (LEY) • 1. Spanish Constitution: Judges are bound in their judicial function by their provisions. • 2. LOPJ. Civil PC. Criminal PC.

  5. CUSTOM • Is never a source of Procedural Law: • Rules of Public Nature. • Principle of legality. • Remember: Procedural law is instrumental from substantive law but also autonomous (application of procedural rules in time and territorial scope).

  6. GENERAL PRINCIPLES • Second source of procedural Law. • Fundamental rights • Basic postulates of Justice (rigth to be heard) • Historic criteria (dispositive principle)

  7. CASE LAW • Jurisprudence issue by Supreme Court is a complementary source of interpretation but is not a source of procedural law. • Jurisprudence issue by Constitutional Court is a source of procedural law only in relation to unconstitutional issues.

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