Sobre el valor de la jurisprudencia en Derecho español

Résumé

The article focuses on the role and scope of case law in the Spanish legal system. The latter, in fact, finds its origin in the revolutionary model of the end of the 18th century, but developed progressively by evolving in stages. The author describes the role of the judiciary and its relationship with the other branches of Government. He then analyses the crisis of statutory law and the simultaneous rise of the Constitution. As a conclusion, he gives empirical evidence of the enhanced importance of case law in the Spanish legal system. Furthermore, he describes how the lawmakers react when dealing with case law they disagree with.