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Posted 16 Sep 2021 in Commentary Written by: Francisco Javier Durán García

As discussed in a prior article, Spain is divided into 17 “autonomous communities” which comprise 50 provinces. Within these provinces, there are more than 8,000 municipalities, which are the basic territorial division in Spain. Municipalities have legal personality and their own territory, population, and organization. Municipalities are also sometimes referred to as “Town Halls”, given that the current structure dates back to the nineteenth century. Although municipalities are a common political subdivision in the whole country, they are not the...

Posted 10 Sep 2021 in Commentary Written by: Tyler F. Wallach

“We the People”.  These three simple words embody the very idea of self-governance and establish the foundation for a political structure of government that Abraham Lincoln once described as “of the people, by the people, and for the people.”  In form and substance, they represent a government that emanates from the people, whose powers are granted by them, and are to be exercised for their benefit.  That government belongs to “We the People” of the United States of America (“U.S.”),...

Posted 06 Jul 2021 in Commentary Written by: Lourdes Morate Martín

It is generally said that in the American system of impartial justice—which we Spaniards know (I admit) basically through cinema, films, and television—the weight of judicial precedent is fundamental when it comes to judgments issued by the courts. This, in principle, might seem very different from the Spanish civil law system, which is based on comprehensive legal codes and the premise that judges and courts are subject “to the rule of law.” However, there are more things that unite us than...

Posted 02 Jul 2021 in Commentary Written by: Chris Balch & Eugene Hsue

The Basics of the Federal Judiciary By: Chris Balch The Constitution of the United States establishes the judicial power of the National Government in “one Supreme Court and in such other inferior courts as the Congress may from time to time create.” The same document authorizes “original” actions, which are cases where the Supreme Court sits as a trial level court in very limited circumstances. There is nothing said about the authority of the Court, the standards it is to employ, or...

Posted 05 May 2021 in Commentary Written by: Deanna Shahnami & Elsa I. Jaramillo-Velez

U.S. Legal System – Federal, State, and Local Structure (Spanish and English versions below)  |  (Versiones en español e inglés a continuación) A legal system that is over 200 years old has not aged much in its structure since its creation.  The U.S. Constitution delegates powers to the federal government—national government—and what powers are not delegated to the federal government are left with the states.  Currently, 50 states and five territories comprise the United States of America.[1] The U.S. Constitution established three...

Posted 03 May 2021 in Commentary Written by: Celia Guillot Rabanal

ALEL and IMLA Working Group Series (Spanish and English versions below)  |  (Versiones en español e inglés a continuación) En 1978, con la aprobación de la Constitución, España se constituye una monarquía parlamentaria y empieza una nueva etapa democrática en nuestro país, después de casi 40 años de dictadura. La Constitución abre paso al estado de las autonomías, reconociendo y garantizando en su Artículo 2 el derecho a la autonomía de las nacionalidades y regiones que integran el estado español, así como...

Posted 30 Nov 2020 in Business Written by: Deanna Shahnami

Take a moment, close your eyes, and picture yourself in Madrid, sitting outside at a café, enjoying a delicious paella, sipping on a creamy café con leche, gazing fondly across the Plaza Mayor, and wondering silently, where do Spanish local governments derive their authority.  Now, I know what you’re thinking, shouldn’t I pair my paella with a dry rosé from Navarra or maybe an inexpensive red Rioja or other medium-bodied tempranillo or garnacha?  Although a valid question, the answer is...