Normative

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The regulation is the set of laws that regulates a specific topic or area. It is a compilation of the regulations that are in force.

Although the concept of regulations in law may be synonymous with the concept of law, regulations are usually understood as the set of laws or regulations that regulate a common matter. It is also often used to define the laws that affect a territory, for example, municipal regulations.

For example, this concept can be used to indicate transport regulations, or commercial regulations, which would include all codes relating to business traffic.

This set of rules has the function of regulating the daily activities of people, regulating matrimonial regimes, inheritance law, crimes and their penalties, etc.

Therefore, the regulations must comply with all the requirements demanded by the regulations. In other words, the legislative procedure stipulated in the Constitution must be complied with to create the norms that will be grouped in the regulations.

Characteristics of the regulation

The main characteristics of the regulations, like the laws, are:

  • Impersonal: The norms or rules that form the regulations are not nominal. In other words, they are not directed at specific people, but rather are directed at society as a whole.
  • Mandatory: The rules are binding. That is to say, they have binding force towards citizens. It is mandatory to respect and comply with the law.
  • Abstract: The rules do not include specific assumptions, but rather speak of a general assumption where other specific cases and their particularities can be understood within.
  • General: The norms are dictated so that they are fulfilled by the entire population referred to in said law in its regulation.
  • Public: The norms must be published so that they are of possible knowledge by the entire population, without which they could not be enforced.

Normative hierarchy

The norms are organized under a hierarchy stipulated in the constitutions, to know which norms have greater value. This will serve to know which rule prevails in case of conflict or opposition.

This pyramid would only be valid in those models that follow continental law. And, therefore, it would not be valid in the models of Anglo-Saxon law, where jurisprudence plays a prominent role.

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