El estado legislativo decimonónico
The formal sources of the law are legislation, custom or social practices and jurisprudence. But it is valid to raise a question if, in our country, all of those sources have the real and legal ability to generate rules of law, and to what extent they can achieve it. Or, if to the contrary, there is...
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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Universidad del Istmo
2014
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5042657 |
| Baliabidea: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 11, 2014, pags. 16-27 |
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| Laburpena: |
The formal sources of the law are legislation, custom
or social practices and jurisprudence. But it is valid to
raise a question if, in our country, all of those sources
have the real and legal ability to generate rules of law,
and to what extent they can achieve it. Or, if to the
contrary, there is a predominance of one over the
others, and if responded in the affirmative, if such
predominance is more an hegemonic position of one
source over the others. The legal regime of Guatemala,
following the legal tradition of the continental Europe,
in inserted in a generally acceptable principle that that
the legislation is the main source of law, in contrast
to the custom and jurisprudence, due to the political
and historical reasons that explain such position.
Notwithstanding, due to the reasons presented in this
essay, the opinion of the author is that, more than a
predominance, there is an overwhelming supremacy
of legislation as almost the only source of law over the
other sources, to such extent, that a so called
�anti-pluralist triangle of the sources of law� is
constituted in our legal reality, in detriment of a more
vivid and updated view of the law. |
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