Chapter 2: Legal Standard Flashcards
Validity of legal rule aspects
- Entry into force
- Repeal of the rule
- Principle of non-retoractivity
Entry into force of legal rule
- Legitimacy
- Sanction
- Promulgation
- Publication
Repeal of the rule
- Temporary
- Extraordinary circumstance rules
- Appearance of later acts
Principle of non-retroactivity
Rules won’t have retroactive effect if they don’t provide otherwise
Application of legal rule steps
- Literal interpretation
- Systematic interpretation
- Historical interpretation
- Sociological interpretation
- Logical interpretation
Principle of good faith definition
General assumption that people deal with each other honestly, fairly and in good faith
Principle of good faith classification
- Objective perspective
- Subjective perspective
Objective perspective good faith
Duties of righteousness, honesty and loyalty in the dealings
Subjective perspective good faith
Absence of knowledge of a person that their behaviour damages others
Essential values of the constitution
- Freedom
- Justice
- Equality
Essential principles of the constitution
- Soverignity
- Legality
Soverignty essential principles
Resides in spanish people but is delegated to law
Consitutional principles of the economy
- Private property
- Economic freedom
- Exchange principle
- Moral sense and good faith
- Legal certainty
Economic freedom rights
- Free market
- Freedom of enterprise
- Freedom of contract
