Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- 1 Introduction
- 2 The French judiciary
- 3 The German judiciary
- 4 The Spanish judiciary
- 5 The Swedish judiciary
- 6 The English judiciary in comparative perspective
- 7 Factors shaping the character of the judiciary
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
4 - The Spanish judiciary
Published online by Cambridge University Press: 21 July 2009
- Frontmatter
- Contents
- Preface
- List of abbreviations
- 1 Introduction
- 2 The French judiciary
- 3 The German judiciary
- 4 The Spanish judiciary
- 5 The Swedish judiciary
- 6 The English judiciary in comparative perspective
- 7 Factors shaping the character of the judiciary
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
The Spanish judiciary is a national body, but widely scattered across some 9,000 municipalities and the provinces. Although the law is typically national, the various Autonomous Communities increasingly have distinctive rules of public and private law. In addition, some provinces have traditionally had distinct aspects of private law (the ley foral). The unity of the case-law is secured at the level of both the Autonomous Communities and the nation, depending on the character of the law involved. There is also scope for courts to deal with matters that might otherwise fall through this matrix, especially those of more general importance, at Autonomous Community or national level. The judicial career and the court structures have to negotiate this complexity. At a basic level, there are different official languages in the several Autonomous Communities. A national judge or prosecutor is not required to speak the local language and may use an interpreter, just like one of the parties. In certain areas, such as the Basque Country, the judiciary may be seen as part of the Madrid-based domination. In more recent years, the Spanish judiciary has had to cope with the transition to democracy and the development of a more legally active society. In addition, the rise in the number of women in the legal professions has had a major impact on the demography of the judiciary. As a result, the character of the judiciary has changed.
- Type
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- Information
- Judiciaries within EuropeA Comparative Review, pp. 174 - 233Publisher: Cambridge University PressPrint publication year: 2006