El principio de legalidad, la vinculación negativa y el ejercicio de la potestad reglamentaria local

Authors

  • Jorge Fernández-Miranda Fernández-Miranda

Keywords:

Local regulatory power, boundaries of discretion, rule of law

Abstract

Legal studies on the local implementing powers reveal that issues traditionally linked with their exercise are not formal or structural in nature, but related to its substantive scope instead. As we argue in this paper, that is due to the key differences between national and regional regulations on the one hand, and that of the local entities on the other. Local autonomy and democratic legitimacy have triggered a legal argument on the relationship between the local Regulation and the Law, particularly regarding whether the latter should grant a protected dominion to the former, and how wide that dominion should be.

Issue

Section

CASE LAW