Daniel Santana Hernández

QUESTIONNAIRE FOR PRACTICE 6 (4TH Novermber)

1) According to Ihering’s Extracts (Extract 1 & 2):

 Do you think that force is an essential characteristic of law? Is possible to

imagine a legal system that is not supported by force to enforce its rules?
Yes, because the use of force is the best way to guarantee the rule of law.
Therefore, it won´t be possible to imagine a legal system that is not supported
by force to enforce its rules.
 Which model of relation between law and power is depicted in the second
text?
Coordination between power and law.

According to Bodin’s Extract (Extract 3):

 Which model of relation between law and power do you associate this text with?
Power over law.
 Must the sovereign abide by the law? Why?
because if the sovereign does not follow the law he or she must be replaced.
2) According to Dworkin’s Extract (Extract 4):
 Which model of relation between law and power do you associate this text with?
Law over power.
 What are the implications of the idea that there are moral rights?
The moral values must be complied, as the validity of law must also comply the moral
rights.

3) According to Raz’s Extract (Extract 5):

 which is the specific virtue of the Rule of Law?
Law has a specific virtue which is morally neutral being neutral. The virtue of
efficiency.
 Which model of relation between law and power do you associate this text with?
Identification between law and power.
 Why is not the rule of law itself an ultimate goal?
Because law is not the goal, it is the instrument to achieve this goal.
4) Read these sections of the Spanish Constitution of 1978 and match them with the 3
elements of the Constitutional State (rule of law, separation of power and
recognition, respect and guarantee of fundamental rights). Try to match them with
so many elements as possible and explain your answers.
a) Section 1.1. “Spain is hereby established as a social and democratic State, subject
to the rule of law, which advocates freedom, justice, equality and political
pluralism as highest values of its legal system”.

Rule of law and guarantee of fundamental rights because it advocates freedom, justice
or equality.
Daniel Santana Hernández

b) Section 6: “Political parties are the expression of political pluralism; they

contribute to the formation and expression of the will of the people and are an
essential instrument for political participation. Their creation and the exercise of
their activities are free in so far as they respect the Constitution and the law. Their
internal structure and their functioning must be democratic”
Fundamental rights, as these allows a basic democratic principle as you can vote several
political parties.

c) Sections 9.1 & 9.3: “Citizens and public authorities are bound by the Constitution
and all other legal Provision (…) The Constitution guarantees the principle of
legality, the hierarchy of legal provisions, the publicity of legal statutes, the
nonretroactivity of punitive provisions that are not favorable to or restrictive of
individual rights, the certainty that the rule of law shall prevail, the accountability
of public authorities, and the prohibition of arbitrary action of public authorities”
Fundamental rights, as The Constitution guarantees principles as legality, the hierarchy
Legal provisions. Also, the rule of law, as the Constitution includes the rights of citizens.
d) Section 10.1 “The dignity of the person, the inviolable rights which are inherent,
the free development of the personality, the respect for the law and for the rights
of others are the foundation of political order and social peace”.
Fundamental rights, as the dignity of the person or the inviolable rights are mentioned.
e) Section 66.2. “The Cortes Generales exercise the legislative power of the State and
adopt its Budget, control the action of the Government and have the other
competences assigned by the Constitution”
Separation of power, as the Cortes Generales exercise the legislative power and
control the Government that has the executive power

f) Section 97 “The Government shall conduct domestic and foreign policy, civil and
military administration and the defence of the State. It exercises executive authority
and the power of statutory regulations in accordance with the Constitution and the
laws”.
Separation of power, as the government exercises executive authority and the power
of statutory regulations.
g) Section 106.1. “The Courts shall check the power to issue regulations and ensure
that the rule of law prevails in administrative action, and that the latter is subordinated
to the ends which justify it”.
Rule of law and separation of power, as The Courts has to issue regulations and ensure
that the rule of law prevails in administrative action.
h) Section 117.3 “The exercise of judicial authority in any kind of action, both in ruling
and having judgments executed, is vested exclusively in the courts and tribunals laid
down by the law, in accordance with the rules of jurisdiction and procedure which may
be established therein”.
Separation of power as it is said what the judicial power has to do.
Daniel Santana Hernández

5) Read the articles of the Universal Declaration of Human rights and try to find several
examples of the three kinds of rights (individual and civil rights, political rights and
economic, social and cultural rights) seen during this session. Universal Declaration of
Human Rights is available at http://www.un.org/en/documents/udhr/

Individual and civil rights- 1

Political rights-2
Economic and social rights- 26