Democracy and Constitution: 1976-1996. The second Land Use Law reform
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.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 1996 Angel Menéndez Rexach
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Considering the provisions of the current legislation on Intellectual Property, and in accordance with them, all authors publishing in CyTET give -in a non-exclusive way and without time limit- to the Ministry of Transport, Mobility and Urban Agenda the rights to disseminate, reproduce, communicate and distribute in any current or future format, on paper or electronic, the original or derived version of their work under a Creative Commons Attribution-NonCommercial-NoDerivative 4.0 license International (CC BY-NC-ND 4.0), as well as to include or assign to third parties the inclusion of its content in national and international indexes, repositories and databases, with reference and recognition in any case of its authorship.
In addition, when sending the work, the author(s) declares that it is an original work in which the sources that have been used are recognized, committing to respect the scientific evidence, to no longer modify the original data and to verify or refute its hypothesis. Author(s) also declare that the essential content of the work has not been previously published nor will it be published in any other publication while it is under evaluation by CyTET; and that it has not been simultaneously sent to another journal.
Authors must sign a Transfer of Rights Form, which will be sent to them from the CyTET Secretariat once the article is accepted for publication.
With the aim of promoting the dissemination of knowledge, CyTET joins the Open Journal Access (OA) movement and delivers all of its content to various national and international indexes, repositories and databases under this protocol; therefore, the submission of a work to be published in the journal presupposes the explicit acceptance by the author of this distribution method.
Authors are encouraged to reproduce and host their work published in CyTET in institutional repositories, web pages, etc. with the intention of contributing to the improvement of the transfer of knowledge and the citation of said works.