The Influence of Foreign Law on Spanish Public Law

Authors

  • Ángel J. Gómez Montoro
  • Fernando Simón Yarza

DOI:

https://doi.org/10.18042/cepc/redc.106.02

Keywords:

Constitutional Law, Administrative Law, Public Law, Constitutional Comparative Law, Comparative Law, Foreign Law, German Law, French Law, Italian Law, European Integration, Open Statehood

Abstract

Since its origins in the 19th Century, and in particular since the Constitution of 1978 was approved, the Spanish Public Law has been largely built following foreign patterns. Above all, the German, French and Italian jurisprudence have turned out to be fruitful sources for our Constitutional and Administrative Law, and they have produced some of the most important categories of our legal system and judicial decisions. In addition, in the last decades there has been a growing impact of the American jurisprudence and —concerning particular fields and problems— of other foreign experiences; finally, the project of European integration has given rise to a new Constitutionalism grounded on the idea of «open statehood» (offene Staatlichkeit). This article provides with a general and synthetic picture of the foreign influence in the Spanish public law.

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How to Cite

Gómez Montoro, Ángel J., & Simón Yarza, F. (2016). The Influence of Foreign Law on Spanish Public Law. Revista Española De Derecho Constitucional, (106), 73–118. https://doi.org/10.18042/cepc/redc.106.02

Issue

Section

STUDIES

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