Organic Law On The Judiciary Spain?

Organic Law On The Judiciary Spain
Section 117 1. Justice emanates from the people and is administered on behalf of the King by judges and magistrates members of the Judicial Power who shall be independent, shall have fixity of tenure, shall be accountable for their acts and subject only to the rule of law.

Judges and magistrates may only be dismissed, suspended, transferred or retired on the grounds and subject to the safeguards provided for by the law. The exercise of judicial authority in any kind of action, both in ruling and having judgments executed, is vested exclusively in the courts and tribunals laid down by the law, in accordance with the rules of jurisdiction and procedure which may be established therein.

Judges and courts shall not exercise any powers other than those indicated in the foregoing subsection and those which are expressly allocated to them by law as a guarantee of any right. The principle of jurisdictional unity is the basis of the organization and operation of the courts.

  • The law shall make provision for the exercise of military jurisdiction strictly within military framework and in cases of state of siege (martial law), in accordance with the principles of the Constitution;

Courts of exception are prohibited. Section 118 It is compulsory to comply with sentences and other final resolutions of judges and courts, as well as to pay them such assistance as they may require in the course of trials and for the execution of judgments.

  1. Section 119 Justice shall be free when thus provided for by law, and shall in any case be so in respect of those who have insufficient means to sue in court;
  2. Section 120 1;
  3. Judicial proceedings shall be public, with the exceptions contemplated in the laws on procedure;

Proceedings shall be predominantly oral, especially in criminal cases. Judgments shall always specify the grounds therefore, and they shall be delivered in a public hearing. Section 121 Damages caused by judicial error as well as those arising from irregularities in the administration of justice shall give rise to a right to compensation by the State, in accordance with the law.

Section 122 1. The Organic Act of the Judicial Power shall make provision for the setting up, operation and internal administration of courts and tribunals as well as for the legal status of professional judges and magistrates, who shall form a single body, and of the staff serving in the administration of justice.

The General Council of the Judicial Power is its governing body. An organic act shall lay down its status and the system of incompatibilities applicable to its members and their functions, especially in connection with appointments, promotions, inspection and the disciplinary system.

  • The General Council of the Judicial Power shall consist of the President of the Supreme Court, who shall preside it, and of twenty members appointed by the King for a five-year period, of which twelve shall be judges and magistrates of all judicial categories, under the terms provided for by the organic act; four nominated by the Congress and four by the Senate, elected in both cases by three-fifths of their members amongst lawyers and other jurists of acknowledged competence with more than fifteen years of professional practice;

Section 123 1. The Supreme Court, with jurisdiction over the whole of Spain, is the highest judicial body in all branches of justice, except with regard to provisions concerning constitutional guarantees. The President of the Supreme Court shall be appointed by the King, on the General Council of the Judicial Power proposal in the manner to be laid down by the law.

Section 124 1. The Office of Public Prosecutor, without prejudice to functions entrusted to other bodies, has the task of promoting the operation of justice in the defence of the rule of law, of citizens’ rights and of the public interest as safeguarded by the law, whether ex officio or at the request of interested parties, as well as that of protecting the independence of the courts and securing before them the satisfaction of social interest.

The Office of Public Prosecutor shall discharge its duties through its own bodies in accordance with the principles of unity of operation and hierarchical subordination, subject in all cases to the principles of the rule of law and of impartiality. The organic statute of the Office of the Public Prosecutor shall be laid down by law.

The State’s Public Prosecutor shall be appointed by the King on the Government’s proposal after consultation with the General Council of the Judicial Power. Section 125 Citizens may engage in popular action and take part in the administration of justice through the institution of the jury, in the manner and with respect to those criminal trials as may be determined by law, as well as in customary and traditional courts.

Section 126 The judicial police shall report to the judges, the courts and the Public Prosecutor when discharging their duties of crime investigation and the discovery and arrest of offenders, under the terms to be laid down by the law. Section 127 1. Judges and magistrates as well as public prosecutors, whilst actively in office, may not hold other public office nor belong to political parties or unions.

What is the judiciary system in the Spanish era?

Judicial System During the Spanish Regime The inferior or local courts were the Courts of First Instance and justice of the peace courts, both constituting the base of the Spanish judicature in the Philippines. The King through a royal decree made appointments to the Audencia.

Does Spain have judicial review?

The jurisdiction for judicial review is a key part of the organisation of the spanish legal system under the rule of law. since this jurisdiction was first established on spanish soil under the acts of 2 April and 6 July 1845, it has amply proved its effectuality through many reversals of fortune.

Does Spain have a judicial branch?

Organisational structure of the Judiciary – Under the Constitution of 1978, Spain is a country under the rule of law, and accordingly the Spanish judicial system has undergone major changes over the past 30 years. This text has two aims: to show how justice is structured in Spain and to describe the actions taking place to modernise the justice system.

To that end, the preliminary sections describe the structure of the judiciary, the role of the prosecution and the legal professions. This is followed by initiatives aimed at modernising the system. The Spanish Constitution of 1978 establishes that jus­tice emanates from the people and is administered in the name of the King by magistrates and judges of the judicial branch of government – they are independent, permanent, responsible for their actions and subject only to the rule of law.

The Constitution establishes the principle of jurisdictional unity as the cornerstone of the organisational structure and functioning of the court system. The framework statute on the organisational structure of the judiciary is Constitutional Law 6/1985 on the Judiciary , which, among other matters, governs the scope and limits of jurisdiction, territorial organisation, composition and powers of judicial bod­ies, the governing bodies of the judiciary, judicial ca­reers, independence and responsibility, rules on the organisational structure and functioning of the Jus­tice Administration, and the office of the Public Prose­cutor. Sede del Consejo General del Poder Judicial (Poderjudicial. es) The governing body of the judiciary is the General Council of the Judiciary , chaired by the presiding justice of the Su­preme Court, and comprising a further 20 members appointed for a five-year term. Of these members, 12 must be magistrates or judges drawn from all judicial categories while the re­mainder are appointed from among jurists of high repute.

Major improvements were made to the regulation of the governing body of the judiciary under Constitutional Law 4/2013, of 28 June reforming the General Council of the Judiciary. The reform provides that members – except for those on the Standing Committee – may hold office while combining this with their professional activity.

It also modifies the mechanism for electing members. Thus, any judge may be elected as a mem­ber of the General Council of the Judiciary conditional only upon the support of 25 members of the judiciary on active duty or of a le­gal association. Each judge or association may in turn endorse a maximum of 12 candidates.

  1. The reform provides for a council renewal system ensur­ing that the deadlines set out in law are met in a time­ly manner;
  2. The law also establishes that although the governing body of the judiciary shall maintain budgetary independence, the first budget will be zero-based, so all of the needs of the institution must be justified before it can be drafted;

This strategy is intended to contribute to the good gov­ernance and economic efficiency of the institution. It also introduces streamlining measures affecting the organisational structure of the General Council of the Judiciary and various provisions for increasing the flexibility and efficiency of its functioning, all with a view to affirming the independence of the highest gov­erning body of the Judiciary. The ordinary jurisdiction is divided into four jurisdictional orders:

  • Civil: this order examines matters relating to private law, with the exception of those pertaining to employment law and, in particular, matters governed by Civil and Com­mercial Law (obligations, property, trading companies, parentage, marriage, etc. It also tries litigation cas­es not expressly assigned to another jurisdictional order. This order also hears cases relating to proper­ty located in Spanish territory or entities registered in Spain, or when the defendant is resident in Spanish territory.

    At present, for judicial purposes, the country is organ­ised territorially into municipalities, circuits ( partidos ), provinces and autonomous regions. The nature of the action determines each of the or­ders into which the judicial function is structured.

    It may accordingly be regarded as the ordi­nary or general jurisdictional order.

  • Criminal: the criminal jurisdictional order is compe­tent to hear criminal actions and cases, ex­cept those within the scope of the jurisdiction of the military order (court martials). It is a feature of Spanish law that a civil action arising from facts constituting an offence may be brought in conjunction with the criminal ac­tion. When this occurs, it is the criminal court that awards civil damages in respect of the serious or minor of­fence.
  • Judicial review: this jurisdictional order is concerned with the review of actions of the executive branch of gov­ernment subject to administrative law, claims for State liability, and review of the use of delegated regulatory powers.
  • Employment: this order hears claims brought within the employment branch of law: individual disputes between work­ers and employers in respect of employment con­tracts, class employment disputes, claims regarding Social Security issues, and claims against the State wherever employment legislation establishes State lia­bility.

Each jurisdictional order contains organs specialising in specific fields. The civil order, for instance, compris­es courts of first instance, commercial courts, and fam­ily law courts; the criminal order comprises examining courts, criminal courts, gender-based violence courts, prison supervision courts and juvenile courts. The judicial bodies in Spain are:

  • The Supreme Court with jurisdiction throughout Spain, is the supreme court in all jurisdictional or­ders, except as regards constitutional safeguards, which fall within the purview of the Constitutional Court.
  • The National High Court with ju­risdiction throughout Spain, is a specialised court that hears certain cases assigned to it by law. In matters of criminal law, for instance, the National High Court is competent to determine cases concerning offences against the crown or members of govern­ment, organised crime offences, such as terrorism, drug trafficking, or counterfeiting, and offences com­mitted outside Spain wherever Spanish law or inter­national treaties provide that jurisdiction falls to the Spanish courts.
  • The High Courts of Justice of the autonomous regions with jurisdiction within the territorial scope of the respective de­volved regions. Each regional High Court is struc­tured into four divisions: civil, criminal, judicial re­view and employment.
  • Each Provincial Court has its seat in the capital of the province within its jurisdic­tion. Provincial Courts are concerned with civil and criminal matters, and their respective benches may have the same composition.
  • Courts of first instance, examining courts, commer­cial courts, gender violence courts, criminal courts, judicial review courts, employment courts, juvenile courts and prison supervision courts comprise a single judge who hears cases assigned to his or her juris­diction by law.
  • Justices of the Peace Courts (magistrate’s courts) operate in municipalities having no court of first instance or examining court.

The Public Prosecutor’s Office is a functionally independent body within the judiciary. It carries out its duties by means of its own bodies in accordance with the principles of unity of action and hierarchical subordination, and the principles of legali­ty and impartiality. The objects of this institution are to assist the enforce­ment of justice in defence of legality, the rights of citizens and the public interest protected by the law, whether on its own motion or at the behest of interested parties, and to safeguard the independence of the courts and defend the public interest in court proceedings.

Military jurisdiction falls outside the or­dinary jurisdiction, and prosecutes offences under the Military Criminal Code and in cases of a state of siege, thereby constituting an exception to the principle of ju­risdictional unity.

The State’s Attorney General, appointed by the King at the behest of the government and supported by the Gen­eral Council of the Judiciary, is the head of the Public Prosecutor’s Office and represents that office throughout Spain. The State’s Attorney General has powers to issue orders and instructions and is in charge of the general man­agement and supervision of the Public Prosecutor’s Office.

What is Ley Organica in Spain?

Definition and application [ edit ] – Article 81. 1 of the Spanish Constitution says: “Organic laws are those related to the development of fundamental rights and public liberties, those that approve Statutes of Autonomy and the general electoral regime, and others foreseen in the Constitution. ” In compliance with this, Organic Laws include the following:

  • Those that develop the fundamental rights and public liberties mentioned in Articles 15–29 of the Constitution). An example is the Organic Law on Education (Spanish: Ley Orgánica de Educación ) that expands upon Article 27 of the Constitution.
  • Statutes of Autonomy. An example is the revised Statute of Autonomy of Andalusia , Ley Orgánica 2/2007 , adopted 19 March 2007.
  • The general electoral regime, currently (as of 2009) regulated by Ley Orgánica 5/1985 , adopted 19 June 1985.
  • “…others foreseen in the Constitution. ” There are a number of matters in the Constitution that presume development by laws. In some cases it is explicit that these are to be developed by Organic Law. For example:
  • The basis of military organization (Article 8. 2)

Ley Orgánica 6/1980 (1 July 1980), which regulates basic criteria of National Defense and Military Organization.

  • The institution of the Defensor del Pueblo (literally “Public Defender”), a type of ombudsman (Article 54)

Ley Orgánica 3/1981 (6 April 1981), of the Defensor del Pueblo

  • Suspension of the rights recognized in Articles 17. 2, 18. 2 and 18. 3 in relation to investigations related to the activities of armed groups or terrorist elements (Article 55. 2)

Ley Orgánica 9/1984 , (26 December 1984), against the activities of armed groups and terrorist elements, and the development of Article 55. 2 of the Constitution

  • Abdications and renunciations and any doubt of fact or right that occurs in the line of succession of the throne of Spain (Article 57. 5)
  • Regulation of the direct election of Senators (Article 69. )
  • Ley Orgánica 5/1985 (19 June 1985), of the general election regime ( Ley Orgánica del Régimen Electoral General, LOREG
  • Forms of exercise and requirements for popular initiative for the presentation of propositions of law (Article 87. 3)

Ley Orgánica 3/1984 (28 March 1984), regulation of popular legislative initiative

  • The conditions and procedure for the several modalities of referendum foreseen in the Constitution (Article 92. 3)

Ley Orgánica 2/1980 (18 January 1980), about regulation of the several modalities of referendum

  • Authorization of treaties under which an international organization or institution can exercise competencies derived from the Constitution (Article 93)

Ley Orgánica 10/1985 (2 August 1985), authorization for the adhesion of Spain to the European Community (later European Union )

  • Functions, basic principles of activity and statutes of security and police forces (Article 104. 2)

Ley Orgánica 2/1986 (13 March 1986), about security and police forces

  • Composition and competency of the Council of State ( Consejo de Estado ) (Article 107)

Ley Orgánica 3/1980 (22 April 1980) of the Council of State

  • Regulation of states of emergency —the Spanish constitution distinguishes a state of alarm , a state of exception , and a state of siege —and the corresponding competencies and limitations (Article 116. 1)

Ley Orgánica 4/1981 (1 June 1981), of states of alarm, exception and siege

  • Constitution, functioning and governing of Courts and Tribunals, and the legal status of judges and magistrates and staff for the administration of justice (Article 122. 1)

Ley Orgánica 6/1985 (1 July 1985) of judicial power

  • The statute of the General Council of the Judicial Power and the regime of incompatibilities of its members and their functions, in particular the matters of appointment, ascent, inspection and disciplinary regime (Article 122)

Ley Orgánica 1/1980 (10 January 1980), of the General Council of the Judicial Power

  • Regulation of the naming of the twelve members of the General Council of the Judicial Power who are not named by proposal by the Congress and Senate (art. 122. 3)

Ley Orgánica 1/1980 (10 January 1980), of the General Council of the Judicial Power

  • Composition, organization and functions of the Court of Accounts (Article 136. 4)

Ley Orgánica 2/1982 (12 May 1982) of the Court of Accounts

  • Alteration of provincial borders (Article 141. 1)
  • Authorization for the constitution of uniprovincial autonomous communities [that is, cases where a single province constitutes an autonomous community] that do not meet the conditions of Article 143. 1 (Article 144 a)

Ley Orgánica 6/1982 (7 July 1982), which authorizes the constitution of the Autonomous Community of Madrid

  • Authorization or accord of statutes of autonomy for territories that are not integrated into the organization of provinces (Article 144 b)

Ley Orgánica 1/1995 (13 March 1995), on the Statute of Autonomy of Ceuta Ley Orgánica 2/1995 (13 March 1995), on the Statute of Autonomy of Melilla

  • Substitution of the initiative of local corporations referred to in Article 143. 2 (Article 144 c)

Ley Orgánica 13/1980 (16 December 1980), substitution in the province of Almería of the autonomic initiative

  • Reform of statutes of autonomy (Article 147. 3)

Ley Orgánica 6/2006 (19 July 2006) on the reform of the Statute of Autonomy of Catalonia.

  • Regulation of the coordination and other faculties of the autonomous communities in relation to local police (Article 148. 22)

Ley Orgánica 2/1986 (13 March 1986), about security and police forces

  • Creation of police forces for the autonomous communities in the form established in their respective Statutes [of autonomy] (Article 149. 29)

Ley Orgánica 2/1986 (13 March 1986), about security and police forces

  • Transfer or delegation of state competencies [that is, those of Spain itself] to the autonomous communities (Article 150. 2)

Ley Orgánica 9/1992 (23 December 1992), on transference of competencies to autonomous communities that accede to autonomy by means of the path of Article 143 of the Constitution

  • Regulation of the referendum foreseen in Article 151. 1 (Article 151. 1)

Ley Orgánica 2/1980 (18 January 1980), about regulation of the several modalities of referendum

  • Regulation for the possibility that in case of the failure to approve a project of a Statute [of autonomy] by one or several provinces via referendum, the other [provinces of that proposed autonomous community] can constitute an autonomous community (Article 151. 5)

Ley Orgánica 2/1980 (18 January 1980), about regulation of the several modalities of referendum

  • Exercise of the financial competencies enumerated in Article 157. 1, the norms to resolve conflicts that may arise and the possible forms of financial collaboration between the Autonomous Communities and the State (Article 157. 3)

Ley Orgánica 8/1980 (22 September 1980), on the financing of the Autonomous Communities

  • Competency of the Constitutional Court of Spain (Article 161. d)

Ley Orgánica 2/1979 (3 October 1979), on the Constitutional Court ( Ley Orgánica del Tribunal Constitucional – LOTC )

  • Determination of the persons and organs legitimated before the Constitutional Court (Article 162. 2)

Ley Orgánica 2/1979 (3 October 1979), on the Constitutional Court ( LOTC )

  • Functioning of the Constitutional Court, the statute of its members, the procedure before the same, and the conditions for the exercise of its actions (Article 165)

Ley Orgánica 2/1979 (3 October 1979), on the Constitutional Court ( LOTC )

  • Organic Law 1/2004 (28 December 2004) on Comprehensive Protection Measures against Gender Violence
  • Adapting the Spanish domestic law on the General Data Protection Regulation

Ley Orgánica 3/2018 ( 05 December 2018) on Protection of Personal Data and Guarantee of Digital Rights .

What is the most important law in Spain?

What form does your constitution take? The Spanish Constitution of 1978 (Spanish Constitution (Constitución Española (CE)) is the current supreme law of the Kingdom of Spain.

Does Spain have independent judiciary?

Constitutional principles [ edit ] – The Spanish Constitution guarantees respect for the essential principles necessary for the correct functioning of the judiciary:

  • Impartiality: to guarantee the assured effective judicial trusteeship to all citizens by the Constitution, judges must remain impartial in cases that they judge and must abstain from cases that they have no reason to enter into.
  • Independence: courts and tribunals are independent of all authority or people in the exercise of jurisdictional power.
  • Irremovability: judges and magistrates are irremovable and cannot be removed, suspended, separated or retired without cause and with guarantees established by law.
  • Responsibility: judges and magistrates are personally responsible for their disciplinary infractions and crimes committed in the exercise of their office; this responsibility can only be required by the established legal disciplinary tract, without interference by the executive or legislative branches of the government or through ordinary legal proceedings.
  • Legality: in the exercise of their jurisdictional functions, judges and magistrates are subject to the Constitution and to the rest of the laws just as other branches of government and citizens are.

What laws are different in Spain?

How do Spanish courts work?

The Supreme Court – The Supreme Court ( Tribunal Supremo ) is the highest level of justice in the Spanish system. It is based in Madrid and  its jurisdiction extends throughout the Spanish territory and over all judicial matters. It is divided into five Chambers (Civil, Criminal, Social, Militar and Administrative) and hears appeals for the annulment, or revision, of sentences handed down by the National or Regional High Courts.

Is Spain common law?

If the man dies, the woman has no claim to inherit any share of his property or to collect his pension. In the eyes of the law, there is no legal relationship. Unless the man formally recognises the children as his own, he is not required to bequeath his property to them.

What were Spanish courts called?

audiencia , in the kingdoms of late medieval Spain , a court established to administer royal justice; also, one of the most important governmental institutions of Spanish colonial America. In Spain the ordinary judges of audiencias in civil cases were called oidores and, for criminal cases, alcaldes de crimen.

The presiding officer of the audiencia was called gobernador, or regente. From the reign of Philip II (1556–98), the decisions of audiencias were final, except when the death penalty was decreed or in civil cases when the amount of money involved exceeded a certain sum.

In these instances appeals could be made to a higher court, the chancillería. During the 16th century, audiencias were established in the various administrative districts (viceroyalties, captaincies general) of Spanish America. They were empowered to hear complaints against viceroys and captains general (executive officers) and to take appropriate actions to curb abuses of power.

Audiencias were charged by the crown with safeguarding the rights of Indians, and two days a week were allotted to hearing cases involving them. Their primary function was still judicial. They had both civil and criminal jurisdiction, and appeals in major cases could be made from their decisions to the Council of the Indies in Madrid.

The presiding officer of the audiencia was the viceroy or captain general , but, unless he was learned in the law , he was excluded from its strictly judicial functions. Three to five oidores and the presiding officer constituted the less-important audiencias, whereas the number of judges of the audiencia of Mexico City , founded in 1527 with four oidores, had risen to 10 by the 18th century. .

What is the Spanish Supreme Court called?

The Supreme Court (Spanish: Tribunal Supremo, TS) is the highest court in the Kingdom of Spain.

Does Spain have a Supreme Court?

The Supreme Court of Spain, located in Madrid, is the highest court in all legal fields (civil and criminal matters, administrative proceedings, labour law and military law), the only exception being constitutional guarantees and rights, which is monitored by the Constitutional Court. Created in 1812 by the Cádiz Cortes (Assembly), it constitutes the crown of the national appeals system and is therefore ultimately responsible for the uniform interpretation of jurisprudence in Spain. Judging appeals for reversal or prosecuting members of upper institutions of the State are among its main tasks.

  • The Supreme Court is constituted by its President, Deputy President, Presidents of its five chambers, and 84 senior judges;
  • The President of the Supreme Court is elected by the General Council for the Judiciary and once elected he also becomes President of the General Council for the Judiciary;

Its internal regulation is annually approved by the Governing Chamber and submitted to the General Council of Judicial Power for publication in the Official Journal of the State. The Supreme Court’s activity is announced publicly on an annual basis through the adoption of an Annual Operating Report, which appears each September at the formal ceremony for the Opening of Courts.

What did the Organic Act do?

NRS | Federal Lands | Recreation and Preservation | Creation of the NPS In order to manage and preserve the nation’s national park lands, Congress passed the National Park Service Organic Act in 1916. 16 U. §1. The Organic Act established the National Park Service as an agency under the direction of the Secretary of the Interior with the stated purpose of promoting use of national park lands while protecting them from impairment.

  • Specifically, the Act declares that the National Park Service has a dual mission, both to conserve park resources and provide for their use and enjoyment “in such a manner and by such means as will leave them unimpaired” for future generations;

16 U. §1. The two most significant amendments to the Organic Act lie in the 1970 National Park System General Authorities Act and the 1978 Redwoods National Park Expansion Act. The General Authorities Act amendment declares that “though distinct in character, [national parks] are united through their interrelated purposes and resources in one National Park System as cumulative expressions of a single national heritage.

  1. ” National Park System General Authorities Act, Pub;
  2. 91-383, August 18, 1970, 84 Stat;
  3. 825, codified as 16 U;
  4. §1a-1 to 1a-7;
  5. This amendment provides that all of the nation’s parks – whether they include natural, cultural or historic resources – are united under the mission, purpose and protection of the Organic Act;

The Redwoods Act amendments, which expanded Redwood National Park to address the impacts of resources from logging outside the park, also amended the Organic Act. The amended provision states that all park management activities shall be: [C]onducted in light of the high public value and integrity of the National Park System and not be exercised in derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress.

  1. Pub;
  2. 95-250, Title I, §101(b), Mar;
  3. 27, 1978, 92 Stat;
  4. 166 (amending 16 U;
  5. §1a-1);
  6. This amendment reaffirms the mandate set forth in the Organic Act and directs the National Park Service to manage park lands in a manner that would not degrade park values;

While the Organic Act directs the National Park Service to regulate park lands pursuant to the standards set forth in the statute, it is silent as to the specifics of park management. Utah Wilderness Alliance v. Dabney , 222 F. 3d 819, 826 (10th Cir. 2000) (“It is unclear from the statute itself what constitutes impairment, and how both the duration and severity of the impairment are to be evaluated or weighed against the other value of public use of the park.

“). Thus, as noted in the often-cited case 1996 case interpreting the Organic Act, Bicycle Trails Council of Marin v. Babbitt , 82 F. 3d 1445, 1454 (9th Cir. 1996), “the Park Service has broad discretion in determining which avenues best achieve the Organic Act’s mandate.

” In line with this broad discretion, the Organic Act provides the Park Service with the authority to make such regulations as it deems “necessary or proper for the use and management of the parks. ” 16 U. §3. The National Park Service interprets the Organic Act through the development of National Park Service Management Policies.

While the Organic Act unified park management into a national system, national parks also have individual legislation and management systems. Each park is created by an individual legislative act of Congress.

In this way, Congress can address specific goals and needs with respect to a particular park. This results in a management system under which park officials must manage each park in accordance with the overarching national system as well as the park’s own legislation and policies.

  • In addition to these congressional acts dealing specifically with the national park system, many other statutes impose requirements that may affect management decisions made by the National Park Service;

These statutes include the General Antiquities Act, the Wilderness Act of 1964, the Wild and Scenic Rivers Act, the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA).

What is the meaning of organic law?

Legal Definition of organic law – –> : the body of laws (as in a constitution or charter) that form the original foundation of a government also : one of the laws that make up such a body .

Why the Constitution is called organic law?

The Constitution of India is the Supreme, Basic, Fundamental Law of the land. It is also called as the Organic Law because it gave rise to the Administrative System of the country. The Laws of land are namely,

  • Constitution
  • Statutory Laws
  • Ordinances
  • Judicial decisions by Supreme court or the High Court
  • By-Laws that are made by the Panchayati Raj Institution or Urban Local Bodies
  • Rules, Regulations, notifications by the Executive that are legally enforceable and made on the subjects authorized by the Parliament.
  • Customs adopted by the people that enjoy the force of law.

Every such law in the country derives its power from the Constitution and should conform to it.

How was the Supreme Court during the Spanish colonial rule called?

audiencia , in the kingdoms of late medieval Spain , a court established to administer royal justice; also, one of the most important governmental institutions of Spanish colonial America. In Spain the ordinary judges of audiencias in civil cases were called oidores and, for criminal cases, alcaldes de crimen.

  1. The presiding officer of the audiencia was called gobernador, or regente;
  2. From the reign of Philip II (1556–98), the decisions of audiencias were final, except when the death penalty was decreed or in civil cases when the amount of money involved exceeded a certain sum;

In these instances appeals could be made to a higher court, the chancillería. During the 16th century, audiencias were established in the various administrative districts (viceroyalties, captaincies general) of Spanish America. They were empowered to hear complaints against viceroys and captains general (executive officers) and to take appropriate actions to curb abuses of power.

Audiencias were charged by the crown with safeguarding the rights of Indians, and two days a week were allotted to hearing cases involving them. Their primary function was still judicial. They had both civil and criminal jurisdiction, and appeals in major cases could be made from their decisions to the Council of the Indies in Madrid.

The presiding officer of the audiencia was the viceroy or captain general , but, unless he was learned in the law , he was excluded from its strictly judicial functions. Three to five oidores and the presiding officer constituted the less-important audiencias, whereas the number of judges of the audiencia of Mexico City , founded in 1527 with four oidores, had risen to 10 by the 18th century. .

What is the highest court of justice in the Philippine colony during the Spanish era?

The supreme judicial body in the colony was the Royal Audiencia, estab- lished in 1584, headed by the Governor-General. In 1861, the Audiencia was reorganized and divided into two divisions (Sala de lo Civil and Sala de lo Criminal) with a Chief Justice as its head and eight Associate Justices composing the Court.

Which organization ran the Spanish judiciary?

References [ edit ] –

  1. ^ “Constitutional Court Budget for 2022” (PDF).
  2. ^ wikisource:Spanish Constitution of 1978/Part IX.
  3. ^ Jump up to: a b c d e f Newton, Michael T. ; Peter J. Donaghy (1997). Institutions of modern Spain : a political and economic guide. Cambridge University Press. ISBN   0-521-57348-3.
  4. ^ Jump up to: a b c Olga Cabrero. “A Guide to the Spanish Legal System”. Law Library Resource Xchange , LLC. Archived from the original on April 21, 2016. Retrieved December 8, 2006.
  5. ^ § 123, clause 1, Spanish Constitution of 1978.
  6. ^ Jump up to: a b c d e f g Browning Seeley, Jo Ann (1990). “The Judiciary”. In Solsten, Eric; Meditz, Sandra W. (eds. Spain: a country study. Washington, D. : Federal Research Division , Library of Congress. 221. OCLC   44200005. This article incorporates text from this source, which is in the public domain. } : CS1 maint: postscript ( link )
  7. ^ § 162, clause 1a, Spanish Constitution of 1978
  8. ^ § 164, clause 1, Spanish Constitution of 1978
  9. ^ § 159, clause 2, Spanish Constitution of 1978
  10. ^ § 159, clauses 4 and 5, Spanish Constitution of 1978
  11. ^ Ceberio, Mónica (October 23, 2021). “Ramón Sáez, un juez progresista ingobernable”. El País (in Spanish). Retrieved November 18, 2021.
  12. ^ “Guatemalan court to rule soon on Spanish request for arrest of ex-dictator”. International Herald Tribune. December 6, 2006.
  13. ^ “Constitutional Court of Spain rules that its courts may hear genocide cases even if they do not involve Spanish citizens, and holds that principle of universal jurisdiction takes precedence over alleged national interests”. International Law Update. 11 (10). October 2005.
  14. ^ “I·CONnect – The Spanish Constitutional Tribunal’s Same-Sex Marriage Decision”. www. iconnectblog. com. Retrieved October 26, 2018.
  15. ^ “Spain Constitutional Court rejects same-sex marriage challenge”. www. jurist. org. Retrieved October 26, 2018.
  16. ^ “Claves de la renovación del Tribunal Constitucional” [The Keys to the Renewal of the Constitutional Court]. El Mundo (in Spanish). May 27, 2010.
  17. ^ “Spanish auditors demand Catalan leaders pay for previous independence vote”. Reuters. September 5, 2017.
  18. ^ “181 millones para los medios en pleno proceso soberanista”. El Mundo. September 8, 2014.

What is the Spanish Supreme Court called?

The Supreme Court (Spanish: Tribunal Supremo, TS) is the highest court in the Kingdom of Spain.