UNIT 2 & 3: Sources and Institutions

Question 1

Sources of Law ( by nature )

Answer 1

Public sources → Public bodies (states, public agencies, etc.).

Private sources → Individuals and corporations.

Question 2

Sources of Law ( by origin )

Answer 2

Material → Issuing bodies (government, parliament, etc.)

Formal → The sources themselves.

Question 3

Public Formal Sources of Law ( by hierarchy )

Answer 3

Primary (Originary) → Constitution and Int’l Treaties.
Secondary (Derivative) → The rest.

Question 4

Main Public Formals Sources of Law ( give examples of Spain, State Level )

Answer 4

Constitution.
‘Organic laws’.
Laws.
Royal Decrees (Law / Legislative / Regulations). Ministerial Orders.

Question 5

Main Public Formals Sources of Law ( give examples of Spain, Regional Level )

Answer 5

Statute of Autonomy.
Laws.
Decrees (Regulations).
Counseling Orders.

Question 6

Main Public Formals Sources of Law ( give examples of the European Union )

Answer 6

TFEU (Treaty).
Regulations.
Directives.
Decisions.
Recommendations.

Question 7

Main Public Formals Sources of Law ( give examples of Spain of all levels )

Answer 7

Parliament (Congress + Senate).
Regional assemblies.
Government (state / regional / local).
Other public bodies.

Question 8

Private formal sources of law

Answer 8

Self regulation

Unification

Question 9

Private formal sources of law, explain Self regulation and give an example

Answer 9

Is a ‘Paralegal’ system, meaning that only applies over few people:
- Applies only to the parties that assume it (free-will).
- Self-imposition of rules.

Formal source of self-regulation (ONE example) → The Incoterms

Question 10

Private formal sources of law, explain unification and give an example

Answer 10

Is a “Private” source of law
that necessarily involves states (public in its origin).

Instead of self-assuming rules, states enact the same rules.

Example of how it works? → EU Directives.