The national law or domestic law It is the set of laws and norms that regulate the relations between the State and its inhabitants, as well as between those same citizens. Norms normally emanate from so-called legislative institutions and the State can use coercion to enforce them..
The norms that form internal or national law are mandatory for both citizens and the State and are usually adapted to the social reality in which they are to be used..
In the Western world, two large blocks can be found in terms of sources of law: the continental one, which prioritizes the written norm approved by the legislative power, and the Anglo-Saxon, in which the judge plays a more important role by relying on jurisprudence. previous. In addition, other cultures, such as Islam, have their own legal systems.
The main sources of law in the non-Anglo-Saxon Western world are law, custom, general principles of law, and jurisprudence. With all of them, rules are drawn up that allow lawsuits, for example, against a company that has contaminated a protected environmental area.
There is no clear consensus on when the Law was born. Mainly, the experts have divided into two positions. The first claims that it appeared as a system to repair offenses between individuals. The second, for its part, points out that it arose to regulate compensation for not complying with an agreement.
In the historical sphere, it is considered that the legal norm appeared as a way of exercising power.
Although there is no doubt that legal systems existed in earlier civilizations, such as the Roman Empire, the history of modern law began in the Middle Ages. In its first stage, the High Middle Ages, there were five legal systems, between universal and private.
The universals were natural law (the human interpretation of divine laws), Roman law (the legacy of the Roman Empire) and canon law (corresponding to the Church). The validity of these systems of law was not limited to a specific State, but to much broader areas.
On the other hand, the particular rights were those that regulated the social classes (noble, servants and clergy) and the territorial ones, legal norms that were applied to specific territories..
Over time, already in the late Middle Ages, the appearance of the Universities led to the strengthening of the teaching of universal rights. In addition, the growing power of the kings and the papacy caused them to limit particular rights in order to guarantee more power..
In the Modern Age, power continued to centralize. Each king tried to gain power against the feudal lords and legislating was one of the tools used. That proper right evolved until it became the origin of national law..
This national right was consolidated between the 18th and 19th centuries, with the appearance of the State in a modern sense. With this institution, legicentrism also arose, which considered that there was only one valid right: the state law that arises from the State..
Domestic law is applicable within the territory of the State that promulgates it. Thus, the laws passed by the legislative power will not be valid in other countries, where their own regulatory codes will be in force..
In some cases, the scope may be less than the state one. There may be regional, state (in the case of a federal organization) or municipal laws, but they can never contradict those approved by the central state.
In countries where there is a division of powers, the law-making authority is the Legislative Branch. Normally, the components of this power are usually elected by vote, so they are representatives of the popular will. In some exceptional cases, the Executive Branch may pass certain laws.
National law is the only one capable of using different methods of coercion to make the population obey the laws. Thus, whoever fails to comply with them can be fined or sentenced to greater penalties.
The possibility of resorting to the courts in case of non-compliance with the laws does not only correspond to the State. A citizen can file lawsuits against the State itself if he considers that his rights have been violated.
The law has traditionally been divided into two main branches:
In addition, there are many categories within the world of law. Among them, the criminal, administrative, environmental, civil, etc..
One of the bases of modern domestic law is equality before the law of all citizens. In addition, there must be institutions that monitor that all comply equally with the approved regulations.
Laws, on the other hand, should be public and try to make everyone aware of them. To this end, States usually publish them in their official gazettes or publicize them in the media..
Finally, there are several aspects that the laws must comply with: not contradict the principles of the rule of law and not be contradictory to each other..
The sources of national law are those that come from the organs of that State..
The constitution of a country constitutes the set of laws with the highest rank in a country. No law of lower rank can contradict what is stated in it.
Some countries, with Great Britain, do not have a written constitution, but they are a minority.
The term law in national law refers to those legal norms drawn up by the Legislative Power. The approval process for these laws is usually set out in the constitution.
In the field of domestic law, custom is a social behavior that is sufficiently ingrained to be imposed as a precept.
Although it is not a strict source of law, some foundations of custom can be found in the laws. In certain countries, such as Spain, it is considered as a supplementary source of the law.
These principles are ideas that are a fundamental part of a certain assessment of justice. As such, they are generally accepted, although to be applied to the law they must be included in some law. Some examples are:
Jurisprudence is the set of judgments issued by the corresponding legal bodies. In some Anglo-Saxon countries, it is a very important source of law, while in others it is only a secondary source..
The doctrine is the opinions and clarifications of legal experts. Although they do not have any type of normative rank, it is usually used as a guide for the interpretation of the rules by the jurisdictional bodies.
The vast majority of court cases are resolved with internal or national law. Only those that affect more than one State correspond to international law. Some fairly common examples are:
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