Eficacia y justicia del orden natural de la equidad

Abstract

The generalness and the casuistry are the alternative ways of producing law. Both orientations have improved according to the perfection acquired in their respective experiences of application. The general character of the law is imposed by its own security, but it is not understandable without the support of the rules proceeding from the natural law. The several and important questions concerning to the equity, belong to this panorama. A reasonable interpretation of the Spanish constitutional law shows that the positive rules cannot break the material justice and the equity, besides their agreement with the specific contents of the Constitution. This is the meaning of the transformer force which the fundamental legislation promoves to reach the solutions and the advances required by the progress of the different sectors of the law applied by the jurisdiction or its most advantageous equivalents.

Keywords

• equidad
• orden natural
• positivismo legalista
• aplicación judicial
• particularidades constitucionales