Democracy and Constitution: 1976-1996. The second Land Use Law reform

Authors

  • Angel Menéndez Rexach

Abstract

The territorial organizing of the Spanish State born of the Constitution of 1978 is here seen to have established a radical change on the issue of urbanistic competencies which by it were transferred lock stock and bottle to the new Regional Autonomous Governments and this even before said changes had been fully institutionalized as within the text of the Constitution in itself. These changes in competencies came in at the same time as the finalizing of the process begun by the first great Land Use Law reform of 1956 ad coincided with the passing of its major Rulings as to further development. From this period onwards, legal decisions with a bearing on urbanism could own to a double source, either the State as such which kept important (though questioned) powers for itself or an Autonomous Government. The paper tracks legislative development through the periods beginning with the approving of the Constitution, giving special attention to the second reforming of the Land Use Law by State Act 8/90. In so doing it lays out the problems encountered in drawing it up and the guiding principles that inspired its wording. To close the paper, some considerations are made upon the "second generation" of autonomic legislation passed subsequent to the reform of the State and the difficult moments that Spanish urbanistic legislation is undergoing is also commented upon.

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Published

1996-06-25

How to Cite

Menéndez Rexach, A. (1996). Democracy and Constitution: 1976-1996. The second Land Use Law reform. Ciudad Y Territorio Estudios Territoriales, (107-108), 127–148. Retrieved from https://recyt.fecyt.es/index.php/CyTET/article/view/84122