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SOURCES OF PROCEDURAL LAW

SOURCES OF PROCEDURAL LAW. Key words:. Fundamental concepts Legitimacy/validity legal rules Statutes Custom General Principles Case Law. Meaning of Sources of Procedural Law.

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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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